HomeMy WebLinkAboutcoa.lu.ec.Fisher/Melville Condominiumization_ Fisher/Melville
Condominiumization
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MWO-MUM
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUB14ITTED:
1L- -j STAFF:
2. APPLICANT:
(Y1,� MYS 101oin `? 1) I�r� Ile
3. REPRESENTATIVE: kPe ' 9a 176i
4. PROJECT NAME:
5. LOCATION: T N�
-�v 5 Park C i r-ci;
lor
Sher /ylQrr• y
6. TYPE OF APPLICATION: -�reVious ap�l� C'a�ro ga'S� ►'Nm�
Rezoning x Subdivision Stream Margin��
P.U.D. x Exception 8040 Greenline —"'—
Special Review Exemption View Plane
Growth Management 70:30 Conditional Use
HPC Residential Bonus Other
7. REFERRALS:
Attorney
Engineering Dept.
Housing
Water
City Electric
8. REVIEW REQUIREMENTS:
Sanitation District School District
Mountain Bell Ror-ky Mtn. Nat. Gas
Parks State Highway Dept.
Holy Cross Electric Other
XF
Marshal/Building Dept.
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9. DISPOSITION:
P & Z_ / Approved Denied Date C+,
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964- Lur�h Ii stud oddrl ions +
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Council_ ✓ Approved_,,- Denied
Date NOV, q, 19 V
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10. ROUTING:
Attorney Building Engineering Other
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Fisher/Melville Subdivision Exception (Condominiumization)
DATE: October 14, 1981
Zoning: R-15 Residential/Mandatory PUD
Location: Lot 6, Sunny Park North; 205 Park Circle
Lot Size: Approximately 22,667 square feet
Applicant's
Request: The applicant is requesting an exception from full subdivision
requirements for the purpose of condominiumizing a duplex that
currently exists on the subject parcel.
Referral
Agency Comments:
Engineering Department
Having reviewed the application and made a site inspection,
the Engineering Department made the following comments:
1. The condominium plat should be revised to include the
following:
a) Surveyor's seal
b) Location of small shed
c) Parking on -site at one space per bedroom
2. The applicant should be required to join a sidewalk,
curb and gutter improvement district in the event one is
formed and be required to do so through deed restrictions.
City Attorney
As cleared with the applicant, the City Attorney clarified
that this application is for a subdivision exception as opposed
to a subdivision exemption referred to by the applicant. The
City Attorney further stipulated that prior to approval of this
application, the applicant should demonstrate compliance with
Section 20-22 of the Code. The applicant has provided infor-
mation indicating the duplex on the subject parcel is a new
structure and has only recently been occupied by the owners.
Therefore, the structure does not fall within the employee
housing concerns of this section. The approval of the applica-
tion should, however, be conditioned by Section 20-22(b)
stating the following:
"All units shall be restricted to six month minimum leases
with no more than two shorter tenancies per year."
Building Department
After inspection of the subject property, the Building Depart-
ment found the duplex to be a new structure in full compliance
with the Building Code.
•
Memo: Fisher/Melville Subdivision Exception (Condominiumization)
Page Two
October 14, 1981
Planning Office
Review: The Planning Office review of the application shows the subject
parcel received Planning and Zoning Commission approval for
exemption from mandatory PUD requirements October 7, 1980 before
construction of the duplex.
Planning Office
Recommendation: The Planning Office recommends approval of the request for
subdivision exception for the purpose of condominiumization
subject to the following conditions:
1. The condominium plat be revised and resubmitted in order
to comply with the recommendations of the Engineering
Department as stated in the memorandum of October 5, 1981,
prior to final recording of the plat; and
2. The applicant agreeing that the units shall be restricted
to six month minimum leases with no more than two shorter
tenancies per year.
e
-Recorded 2:25 PM November 13�980 Reception4�
Loretta Banner Recorder 7
L� L
AGREEMENT
AGREEMENT dated and entered into on ���uK lc : l �J, 1980,
between the City of Aspen, hereinafter called the "City", and
John E. Fisher, hereinafter called the "applicant".
WHEREAS, the applicant is the owner of a parcel of land
located in the City of Aspen, Pitkin County, Colorado, more
particularly described as:
Lot 6
Sunny Park North Subdivision
Pitkin County
Colorado
and
WHEREAS, the applicant has proposed the construction of
a duplex upon said property; and
WHEREAS, the applicant has requested an exemption from
mandatory planned unit development; and
WHEREAS, the Aspen Planning and Zoning Commission has
determined that the proposed development of the duplex located
on said property meets the objectives of planned unit
development and therefore compliance with Article VIII of
Chapter 24 of the Municipal Code of the City of Aspen is
not necessary.
NOW, THEREFORE, in consideration of the foregoing and of
the mutual covenants hereinafter set forth, the parties agree
as follows:
The City agrees that the applicant shall not be required
to proceed according to said Article VIII of Chapter 24 as a
planned unit development in the construction of the duplex
on said property, upon the following terms and conditions.
1. The applicant agrees to join in any improvement
district for construction of street improvements (including
curbs, gutters, sidewalks) or to reimburse the City directly
if he should choose to construct these improvements without
formation of such a district, and applicant agrees to join
any improvement district for future drainage and underground
• •{�
738
utilities improvements. This provision is to be a covenant which
runs with the land.
2. The applicant agrees that no structure shall be
constructed, upon the property, within thirty (30) feet
of the northeasterly property line. This restriction is to be
a covenant which runs with the land.
3. The applicant agrees to grant, by deed, a ten (10)
foot utility easement along the northeasterly property line
for future water main extension.
This agreement and all of the provisions hereof shall
be binding upon and inure to the benefit of the heirs,
executors, administrators, assigns and successors in interest
of the parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this
agreement as of the day and year first hereinabove written.
ATTEST,: �ZL
Herman Edel, Mayor
'---
Robin R. Berry
Deputy City Clerk
J E. Fisher
STATE OF COLORADO)
)SS:
COUNTY OF PITKIN )
The foreg 'n instrument was acknowledged before me this
day of 1980, by Herman Edel, Mayor, and Rabin R.
Berry, Deputy City Clerk.
My Commission expires:
Witness my hand and officia seal. = 1`OIL ;t}
Notar Public
The foregoing instrument was acknowledged before me this
day of !, , 1980, by John E. Fisher.
c;
My Commission expires:
Witness my hand and official seal..
Vi
Notary P 1 c
�-
-2-
+ • W3217
tion NO.
�tecorded at 4.30PM January 7, 1982
�oretta Banner Recorder
onx 7vm T mm c
JOHN E. FISHER and PAMELA D. FISHER, and RALPH P.
MELVILLE and MARIAN H. MELVILLE (Covenantors), for themselves,
their heirs, executors, administrators and assigns, hereby coven-'
ant with the City of Aspen, Pitkin County, Colorado that:
1. They are the owners of the following described
property situate in the City of Aspen, County of Pitkin, State of
Colorado, together with the improvements thereon:
Lot 6 SUNNY PARK NORTH, according to the
recorded plat thereof.
2. The above -described property shall be restricted to
six (6) month minimum leases with no more than two (2) shorter
tenancies in any calendar year.
3. The owners of the above -described property shall
join in any improvement district for the construction of curbs,
gutters, and sidewalks abutting said property in the event such
an improvement district is formed.
4. The Covenantors shall record a condominium plat with
the Pitkin County Clerk and Recorder that has been approved by
the engineering department prior to the sale of any unit.
5. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument
signed with the record owners of the property and the Mayor of
the City of Aspen, pursuant to a vote taken by the City Council.
6. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons
claiming under them for a period of fifty (50) years from the
date these covenants are recorded, after_ which time, the
covenant contained in Paragraph Two (2) shall be automatically
extended for successive periods of ten (10) years, unless an
instrument signed by the record owners of the property and the
Mayor of the City of Aspen pursuant to a vote taken by the
City Council has been recorded which changes said covenant, in
whole or in part, or which releases the same, and the covenants
contained in Paragraph Three (3) shall be released.
IN WITNESS WHEREOF, this Declaration has been duly
executed this (9-0- day of January, 1982.
J N)'E. FISHER
PAMELA D. FISHER
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
6 K day of January, 1982, by JOHN E. FISHER, PAMELA D. FISHER,
RALPH P. MELVILLE, and MARIAN H. MELVILLE.
Witness my hand and official seal.
My Commission expires on: P-/,?-P�/
Address of Notary Public:
.2
spa �--1 1
—2—
9
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•
MEMORANDUM
TO: Alice Davis, Planning Office
FROM: Jay Hammond, Engineering Office.
DATE: October 5, 1981
RE: Fisher/Melville Subdivision Exception, Lot 6, Sunny Park North
Having reviewed the above application for condominiumization of a duplex,
and made a site inspection, the Engineering Department has the following
comments:
1. Prior to recording, the condominium plat should be revised
and resubmitted to include the following:
a. Surveyor's seal.
b. Location of small shed.
c. Parking on -site at one space per bedroom.
2. The applicant should be required to join sidewalk, curb, and
gutter improvement district in the event one is formed and so deed restrict.
JH/co
MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Fisher/Melville Subdivision Exception (Condominiumizat' n) /
DATE: October 26, 1981
APPROVED AS TO FORM:
Zoning: R-15 Residential/Mandatory PUD
Location: Lot 6, Sunny Park North; 205 Park Circle
Lot Size: Approximately 22,667 square feet
_6L_LIC/I
Applicant's
Request: The applicant is requesting an exception from full subdivision
requirements for the purpose of condominiumizing a duplex that
currently exists on the subject parcel.
Referral
Agency Comments:
Enqineerinq Department
Having reviewed the application and made a site inspection,
the Engineering Department made the following comments:
1. The condominium plat should be revised to include the
following:
a) Surveyor's seal
b) Location of small shed
c) Parking on -site at one space per bedroom
2. The applicant should be required to join a sidewalk,
curb and gutter improvement district in the event one is
formed and be required to do so through deed restrictions.
City Attorney
As cleared with the applicant, the City Attorney clarified
that this application is for a subdivision exception as opposed
to a subdivision exemption referred to by the applicant. The
City Attorney further stipulated that prior to approval of this
application, the applicant should demonstrate compliance with
Section 20-22 of the Code. The applicant has provided infor-
mation indicating the duplex on the subject parcel is a new
structure and has only recently been occupied by the owners.
Therefore, the structure does not fall within the employee
housing concerns of this section. The approval of the applica-
tion should, however, be conditioned by Section 20-22(b)
stating the following:
"All units shall be restricted to six month minimum leases
with no more than two shorter tenancies per year."
Building Department
After inspection of the subject property, the Building Depart-
ment found the duplex to be a new structure in full compliance
with the Building Code.
Memo: Fisher/Melville Subdivision Exception (Condominiumization)
Page Two
October 26, 1981
Planning Office The Planning Office review of the application shows the subject
Review: parcel received Planning and Zoning Commission approval for
exemption from mandatory PUD requirements October 7, 1980 before
construction of the duplex.
Planning Office
The Planning Office recommends approval of the request for
Recommendation
subdivision exception for the purpose of condominiumization
and Planning
subject to the following conditions:
and Zoning
Commission
1. The condominium plat be revised and resubmitted in order
Action:
to comply with the recommendations of the Engineering
Department as stated in the memorandum of October 5, 1981,
prior to final recording of the plat;
2. The applicant be required to join a sidewalk, curb and
gutter improvement district in the event one is formed and
be required to do so through deed restrictions; and
3. The applicant agreeing that the units shall be restricted
to six month minimum leases with no more than two shorter
tenancies per year.
Council
If Council agrees with the Planning Office recommendation and
Action:
the action of the Planning and Zoning Commission the appropriate
motion is as follows:
"I move to grant subdivision exception for the purposes of
condominiumization of the Fisher/Melville duplex subject to
the following conditions:
1. The condominium plat be revised and resubmitted in
order to comply with the recommendations of the
Engineering Department as stated in the memorandum
of October 5, 1981, prior to final recording of the
plat;
2. The applicant be required to join a sidewalk, curb and
gutter improvement district in the event one is formed
and be required to do so through deed restriction; and
3. The applicant agreeing that the units shall be
restricted to six month minimum leases with no more
than two shorter tenancies per year.,,
• •
LAW OFFICES
0ATI;S, HUGIIES ZC. K.1,Nr_z1_'V1GH
PROFESSIONAL CORPORATION
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
Mr. Sunny Vann
Planning Director
Planning Department
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Sunny:
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
September 14, 1981
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER: 9201121
HAND DELIVERED
Re: Mr.& Mrs. John A. Fisher and
Mr.& Mrs. Ralph E. Melville;
Lot 6 Sunny Park North (a condominium)
I have enclosed herewith a Condominium Plat and a
Condominium Declaration for the proposed Sunny Park north Sub-
division. As you and I discussed on the telephone this same
subject property was the subject matter of the Fisher mandatory
P.U.D. exemption approved by the City pursuant to agreement
dated October 17, 1980. We are asking by this letter and the
documents contained herewith that a subdivision exemption be
approved for the subject property to accomodate a single family
residence of the Fishers and Melvilles for their personal use.
I am submitting the application through you only because we
discussed it on the telephone and I am aware that you will dele-
gate it to someone in the planning office other than yourself.
Also enclosed is a check in the amount of $50.00
pursuant to section 20-20(c) of the Municipal Code of the City
of Aspen.
Please contact me with any additional requirements
for this exemption application. I will provide the additional
information immediately.
Very truly yours,
OATES, HUGHES & KNEZEVICH
By
Leo M. Oates
LMO/gms
Enclosures
cc: John A. Fisher
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
• •
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
September 21, 1981
Planning and Zoning Office
City of Aspen
City Hall
130 S. Galena Street
Aspen, CO 81611
Attn: Audrey
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER: 9201121
HAND DELIVERED
Re: Fisher/Melville - Condominium Subdivision on
Lot 6 Sunny Park North Subdivision
Dear Audrey:
The one item which I failed to enclose when I submitted
the application in the above matter was evidence of title to the
Lot. You will please find enclosed an ownership and encumbrance
report issued by Aspen Title Company reflecting the current status
of ownership to the property in the Fishers and the Melvilles sub-
ject only to the lien for construction loan will be paid off by
substituted permanent mortgage financing as soon as the condominium-
ization of the project is completed.
Very truly yours,
OATES, HUGHES & KNEZEVICH
By
-• • Oates
LMO:gms
Enclosures
ger.rd.aa 2:56 ,,.t.,.a '' M. ?; 1+(;'l1r!)ER,1960) . 400 ' .299
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ft ept,on No. liar L,49!)' L1.0(TTARecoreu.
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THis1NL)f%rt'RE,Madeth.. 21at da• of Nb r
80 brtsi.en JOHN E. FISHER and PA.4El.A D. F�SHF.R ae tl
an undivided one-half interest, and RALPH P. MELVILLE and,
FtARIAH H. MELVILLE a,: to an undlvidtd.oee-half interest
4:
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•heratlanasb P. O. Ft.:x 5059, Aspen
iountyef Pitkin .ndstat.of Colorado
parton o/the first pa 1, a,. l the I'ubhc Tr u,teemf the
ix
Caurnyef Pitkin n the State of t'.{ondu. party o r tL•
iaeond part. W anti.-t h L -
TRATWHEREAS, the .&A JOHN It FISHER and PAMELA D. FISHER am to an u v
e
ins -half interest, and RALPH P. MELVILLE and MARIAN H. MELVILLE as to an undivided
r
one-half interest
have .aeeuted their pr.muaory not. twarinpevendate herewith (orth.
•
'. pylnripal suers of
M HUNDRED SIXTY THOUSAND AND NO/100------ (9260,000.00)---------------- Dollars.
1� payable totbit ard.rof FIRST RATIONAL RAN[ IN ASPEN
i�
i
! wow" •dare•sis P. 0. box 3316, Aspen, Colorado 81612
aflerlhsdatolhereof,wilhinterestthoreenfromlhedabtheroefattheratedlR-I/ toreentperannem,Nyalil.
accrued interest due monthly coomencing on Jamtary 1, 1981 and on the lot day of
each month thereafter with the entire principal balance plus remaining accrued
�.
interest due and payable to full at or before maturity. August 5, 1981.
*Continental Illinois Prime +2,01, adjusted monthly. Min. 1d 13.001
,iEi
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i. AND MHEREAR.Th. .aid parties of the first yart are d.ai rou. of secunna the ryywunl tdtM .I
i principal and Ina. rose o/ u,d p►o,n isaor'; nub la Dhow hands aawwr th. and note or any of then easy M.
NoW THERFrORE. The said part ire of it,. first pact. In consideration of the premise.. and for the purpose,
•tor.. sad, do henbY giant. hsraun, ell and coat sy unto the .aid party of the ..•rood put. ,n trust fors eeti the
faWelna do sen had property, daunto in the County of Pitkin and Stale of
1 coisrodo, b wit.
Lot 6,
! PARK 5-)RTH SUBDIVISION
SLINKY
County of ?.:kin
.c
State of Colorado
i
The Indebtedness Secured by thin trust weed Is nuhlrtt to rho toraift and condl-
tions of a certain Construction Loan Agrevn,snt cords Novemhrr 21, 1980. between
X.
Makers and Lendars and said Conah'uctton Loan Agreement is )v this reference
r
incorporated herein and Inside a part of thin, trust deed and any default under the
terms of said Construction Loan Agreement mnv at the nVtt,,n „f Lendor he con-
sidered a default whoraby that right of forerloaure o.tura hvri-nder.
No. at, . 140r.'76—ee01, u, tan .t-e.am ltw •F•ep,,., ewe ,o,...n .r«. ,.•,��..., m.
..r 4(jU 30(1
TO NAVK AND Tilt hpll.li Ihv same. together wail all and • � r ,..•, I i. • • sod -I-,-or ,rten u s. therounl.,
�;� - bslonging he Traal NNerIMfe.*,'lAst m ear u(drf.ult m lilt l r. p1 ,.r r .,. .,r on of II—, or any pall
lher"t. or in the payment of the interest t'tereon--noun to the t.•n••r u • I I., i ,4 .sot 1 1e ter ar,y of them.
Of in tilt payment of any pr tur eneu mhraner. p"ro I..I or Intel. .1. d an" d. fault •lull Ise man m or '"'Se.
of vWlat,on or breach of an) of the terms, mn.huons, ruveo.nt. or age s•. mr,•t. n.retn cunlotnrd. the Iweeficnry
hereunder or the let(■1 holder of the rode btednn• secured herrl;y rosy J..•larr. . uolauan od any of U,e rwrntim•
herein contained and elect to advertise said proi,orly fur sale and demand net, sale. thin, upon filing notice of such
i s oloetlen and demand fur Safe with the card party of I lv second part, who Shell up.n rrrelpt of *aril tlotwe of olectlort
• and demand for sale cease a copy of the same to he recorded In the rreotilrr's offw* of the County in which said real
S'i• �{ estate Is Situated, it .hall and may be lawful for said party of 4h...,unit part to -11 and di.poae of the same (on masse
if or in separate parcel., me said Public Trustee or think troll, and all the right, title and interest ref sold part sae of
({ the fir.tpert, t he t r horn or ■uoan. therein, at public auction it the South
V
font door dthe Court iluuit, m CIty of Aspen !'aunty of P1tk1n and Mate of Coler.de,
i ar so asld promises, or any part thereof. as may be specified in the notice olf such Sale, for the highest Sod bvmt pace
the same will bring in rash, four wake' politic notice having been pwroudY even of lid life nod place ot wrh Sale,
v by advertisement, weekly, in some newspaper of general circulation of th* tilts• published in said
County of Pltkln a ropy of which Sidi.
shall be mailed within ten days from the date of the first publication thrrvof to said part of the first part at the
addres. heroin given and to such person Sat lialgas appearing to have acquired a subsequent rererd Intero.l in
said Joel •Slat. at It,. Slide— given In the recorded instrument, where only the county and State to given os the
sedre.s then w,h not,o. Shall be welled to the county test, and to make and give to the pureh olot or purrh•ser s of
ouch properly at such sale a certificate or certificates In writing dome Mining such property purchased. Sao the sum or
Sums paid therefor, and lilt time when the purehassr or purchoaerslor othe• person entitled lMretnr than be entitled
to a deed or dead* therefor, unless the me" Shell be redeemed as Is provided by low, and sal I /'uialir Trustee than.
upon demand by for parson or persons holding the said certificate of eorttLcahs of purchase, whoa said demand so
made, or upon demand by tho person entitled to a Aced to and for the property purchased. at the time Bury donti 1.
diode, the time fur ho4omptlon having oxptred, mob and exec Ao to such person at portion& a 'tad or dodo to the sai4
property purchased, which said deed or deed. Shall be in the ordinary form of a eori-yanee, and shag be slc-•t4.
{� acknowledged and delivered by the said Public Trust" am grantor, and shell convey and quittlalm to such person or
tl+I person* entitled to s—h deed. a. pantie, the ad properly purrhaed ...f--oll, and .II the rtyhl.tilb. Interests,
berefll and equity of redemption of the part ten of the first part, t hI, i r heir. and &&signs therein and
I shag recite the sum or sums for which file said properly was sold and shall refer to the poser of.ai* herein contained,
and to the sale or &also man by virtu* thero•d. tied In rase of an ass•gno-1. of Ruch etritnrsts or cotifocatom of
purchase, or In ease of the redemption of much properi y by ..ubs.quent ten —t—rctr. much ataiennevnt or •edemy
(ion shag also be referred to In Such deed or deed.; but the notice of Pale newt col be Pat out In Such doed or deadc and
the said Public Trustee Shag, out of the procoeds or &.uls of such sole, after first paying and rototning all fees.
charges and costa of making said Pale, pay to the beneficiary heroundrr or it,. lose) holder of Paid new the
priniipai and Interest due on said veto according to the tenor and effect thorwr, and all money% advanced by
much benatlets^r or legal holder of said nob far Insurance, taxes and .**comments, with iulotst lhrrron
,I at 16 per rent per annum, rendering the ovorplue. If any, unto the Said p■rtten of the not part,the l n.cai
roprwntailvq or aselgr i which sale or sales and said dead or dead. So mad. shall be a perpetual bar, both in law and
oqulty, against the Paid part Ion of the i,r.l .part, the INoi- or assigns and all other persons cla,miag the Sett
preparty.n say part thereof, by, from. through or under said part i ru of the first part,er oaysrth.m. This hotderer
holders of said Itob or notes may purchase said property Or any port thereof. and it shall not be obligatory upon the
purehssor or purrhation at any ouch sale In also to the application of the purehaPe money If a Waase deedbe
rpulrod. it is agreed that the part l oil ofthe firstp■rt,the l tieinor saotans. will pay lot expense lhoreor.
And the Sold pertl e■ of the (list part, for t hemae lve tea and for i lie 1 r hours, execute-,
�'. and administrators, covenant and afro* to and wilh the said party of Ili* second port, that at the time of
the unsealing of and delivery of those presents that they are well &sued alike said lends and tenements in fee
simple, and he ve good right, full power end lawful authority to grant, bargain. all and con.sy the cam* In manner
&hit form ma eforoasid; horsily fully and absolutely waiving and releasing all rights and claims tI' V Y may have In
or to said land$, tenement., and property as a Homestead Rmamptlon, or other expmlah.n, under Pod by virtu* of any
aid of the Gonenl Assembly of the State of Coter&4o now existing at a1- b n,sy I --aft- he passed In rotation
, thereto; and that the some are fraand clear ofelllions and oneurebrancr.•eh.le.er,
`Y:T,g. 400 . •...301
1?1T1WY
Anal the abovr ►arwrim-A ;,,,,Perry ,n It,e quit And {$.real.:• {,,...esuon of ti:e .•,d Party of 1st oa�'o�al Pa'1, Ms
;J.r LT•, tue"Seon and oats.$. against Ail and r Iy wise. or ya rsena larfuily rla,m u�■ r e„ Aum the whir be any part
i thereof, the a aid part leg .(the first part sha?l and will vac sans And /or ev.t sir r.r,d
n'+
And that during the continuance of said ndobteds„ es'( any part thrroul. the asrd Part I es et the tint Part will
in due wagon pay on I.... and assessment. tot,od on said property, all amount• due an Ktwuwt st Partner pal and
interval on prior encumbrances, r( any, •rd win keep all building. that mar at any lime be ow said lsaal•, laeoeod
agarism loss by fire with r.tend.d coverage ond—sement an such company or evetpansis so the holder of said
, tantl may, from tern•to time direct, (or . J,h a u.. as .-I. company or ,npanara win Insure tar, not toeare.d the
• : • amount i.I satd indebted..,.. ,;,t at it,. oplwn or said pact I of the .,.I par{, wdn hf•, d grey, Payable loft•
1 beneficiary hereunder. as 1 t•I Intersot may appear and well d.l..rr the W-iry ofpoieo taof IYunnre to the
boswtlr/sry h*rtutide r, an torlh•r or urity for t he r nd, Mod nea. aI,,rru: d An d In, am of I he (Oil ore st held Port 1 vw
• of the ()rat part to I h u a in air to .rid do I,..r the I., I,, sea of I.. or.nr., or to p.Y .ueIt la•re K AAgeesmessa of aawou nt.
at* Air to become due on any prior•neumbronce, if any. th.nthe holder ofvuA note .Ksay ofthsM, May MKure
such taxes or asw..mont i or amountde u s u,or encumbrance, It M Mys
such IAauta.re, of pa>' Pon Pr ale ad mr ase
*^ thus paid. with interest thereon, at I g 1^'r cent per annur., $hall t—firwa se Much oddltl"Al im&b-"O-
tr.i sorured by this deed of trust, and *hail he paid out of the prorr•d. of the set. of the property darestd. d alld
i 'f
atherrrise paid by the said pard ell of the first part. and such failure shalt its a vwlatwo of tat oft Ats savetsaa
uW statement.
Ih i.
It an or any part of the properly or an rnrrrval therein to sold or transferred by rlt" Part ems without
A - i keenficiary'e prior written tenwnt, rat ludmg ia) the rrvalion of a hen or oncumbraare wberbu aN to this Dead of
Trust.lb) the taest gore of a purchase, money security interest for household oppbancn, Ill A trAuo/ar 1el dlnW. oeaewt
or by operation of low upon the death of a joint Lonant or Id) the grant of any loasehld Intorosl of three years or low
t I not containing an option to purchase. beneficiary may, at beneficiary's option• doel art an the sums secured ►y sh,e
Dead of Trust is be Immediately due and r aysble. Ra nefmuty shall Aare waived such apt" to Ameliorate It, pr1K to
•I the onto or tra no Do r, bone fitiarIf and Ihe pe, raon in whom the property is to be sold at tranmbrrod reach Agreemewt !r. 11
welt tax that the trod it of aurh person is .at infer tort' to befallfkurY and It hot the Int. r est payable an Ito ou Ms oeeared �l
by this Dead of Trust ■,,all be of such rate as beneficiary oholl request.
AND THAT IN CASE f17 ANY DKFAt'Ur. Xhercby the right of foreelo—ro occur. h.reun4irc the a" party of the
second part or tie ! holder of aid note or rarllrltsta of put: hoar, shall at once beroMe entitled to the Po~aoosa.
use and enjoyment eel if.. Property &(.,"aid. and to the rents. ,u and li-sea. thereof, frets the accruing of such
Vtot and during the pendency of rseeclusure proceedings and the period „f redemption, of any tr. to be, and oath I'
passesaion shah at once be delivered to tie said party of the second part or Ole holder of said note or cortilitsto
j HS'a ,•'F% -'t II.at parthasr on requital. and on refusal. the delivery of ouch poaseav,on may i»..leered ►ylhe Bald pry of the, $$oast
Wt or the holder of.aid note a torllfkate of pu re haw by a n y•pp-1,r, a t r c, v tl au A KProd eodlsa. and the M ad
p►lyoftMtteeundport. nrthe holdero(saldnote ofcertdtrarro/purrhns.orany tMroo(.shall beantRled lea
i /aoNrer fur said property, and of the rents. issues and profit. thereof, after any out al.rsuR. Including the
Usbe
arvors l by lareelaaure proceeding. and the period of redompt—, ,f any there ba, and ollan be smtilleal there" M • (�
tMUf of right wit huut r ran rd t.,Itee.o l v.car y or r mein venry of t he pa r d c A or the firot part orofthe thou owner of
+ >t r aafd property And salt hour rag and to for valor the roof. and aurh Rc t•,ver me be appointed by any resort of taopoMut
I�)oylodletion upon on part, al•pliration, and without notice--m,tu'e truna hereby e.presely owed --and as estate. 1.
lagae. and proflu, itcom. and rrvanu , ther.fram .hall he appl,.d by •urh R.cnver to the pgy e t of the Indebted -
hereby secured, accordroe to low end the order. and directions of lot court.
hose
AND. That is taw of default in any of said payments of principal or :nttrtst, attording to the taaor an4 effect of
said prOAtoosry two sfoeesaid. or any of them• or any part thrrvof, or of a broork ar violation of any of the
gir"went■ or Agroemonto herein, by the peril re o(thr first part. t he i r .socutor.. adMlwlsttalon or a"Wria.
.r a" and In that tow the whole of •sdal principal sum hereby secured, and the interest them" to the liege of sale, MAY
? � N Mn..t the option of the legal holder theroo(. heroine du• and payableand the sa1A properly be add In the mariner
k
and with its came efbd as If the utd indebtedness, had matured, and that d forerWure be made M the Pax►Ise
-% Tlusle, an attorney'• fer of the sum of a ressonah l e amount of dollars M wrvies. In 1st
u>y topervition of said for.rlwur. proceedings *hall he allowed by the puhhr Tru.tro a. a part eftlw esateo(fererlae.r.,
mod if (orerlosur. be m.M through the court. s reason, tiv at lornoy'm fat shall tr taxed by the revert as a pot of the
egos o(such h,rrrbturo proeeedlnp.
Should any provision of this [had of Trust by Iour.d to u.1st. it,. staiutes or court deri.Mna of the !Astir of
_4• '� Colorado. or of the Vmtrd !teat.., aurh gist u.un .hat he seined t„ b. tmend.d to comply with and tunf, m Iu .-I,
""Its, And deriminm.
IN MITNZXM WNFRroI, Mvv .aid put I inn ,d the full part have h.nunh, set the tr hand —A
aegl m the day *nd>v-first $lasewrlU,n
° .1DIVt E. F I SIIER ISE"I.I
i I VI LA I I'ItiHF.R FvF:AI.I
t
P `Irlt7rj Tl ,r ISEALI
STATKtaytvldlNADo.
twnmyd Pitkln
r +/��i�trau� litttn ant wo Kknowbdgrd grful• me it,,. ?I . I day of Nov,•mbcr
:1%�Up11+ag KI Ft411F.R, PAMV..I.A D. 1.1811F,N, RALPA P.lip
ce
`1FLt'!I let, NARIAN H. !1ELVl1:.E
0
NOW"" 10dammulaaw—m--
Reception No., 2290S7 Loretta Banner. Recorder
xe November 25. 1980 Recorded at 3:00PM %M 40U ►lif
ewbrial Morn'r Iw.ew.. I,. t W A.fl
�.H.IH�IW rM/nrl hUWly f.,II.IN lwrl irrwl, n..•n. r,.l.•.y. II '•
- ,t)itiRl!1tSF:R'S�N/)T(C);
BY
FIRST NATIONAL BANK IN ASPEN
P. 0. Box 3318
Aspen, Colorado 81612
r
a mort8ap lender, pursuant to Section 126, Article 22, Title 8A,
Colorado Revised Statutes 108,1n connection with funds to tre paid
or disbursed as work progresses upon a structure or uthcr Improvement, on the land deeerlbed below,
1. The name. address and telephone number of the owner (a) of the land to be improved:
RA1YH P. MELVILLEName 6 MARIAN H. MELVILLE Address TefeyAmle
JOHN 6. FISHER d PAMELA D. FISHER P. 0. Box 5059 925-7797 or 5-7683
Aspen, Colorado h1612 925-2972 or 5-2484
t 7% name, address and telephone number of the principal contractor(s)
Nano Address Tatephoas
AIFIXI CONSTRUCTION CO. 728 East Hopkins ',r. 925-7007
Don Westarlind. Pres. Aspen. COlroado 81611
II >L The disburser Is
II4. The lard to be improved is attuato in the
Stab of Lolorauo, and it deurlbad;
Laps! deseriy:ron
Lot 6,
SLBINY PI^K NOR3'H bUBDI�,SION. Iocordlnl, t" t'
County of Pitlin
St-te pf-olursdo
u
FIRST NA110N�i.
Bl1F�1 F/tFi'
'C.MM If NII .MY., .►wy, • .«. d b, KMr.r.n,
M b A�W +IMhlr. uI .wM ..rrr�.n.
County of Pltlrlo
Addrrps
Reeorded at 2 :5I .'. P M . 21 NUVEMBER, INHO . 11411111460 .: 302
"" rtK,jfj i OPETTA BANNER
Ree.pl,.n Nn. Nd. v Nerordse.
MKt oRUY.R'atTAM►
UsINURVTCRR.11,deth,s 24 th dey,.f Ott..h.•r
;i 080 ,!@lw.on JOHN E. FISHER and PAJMFI.A D. FISIIF.R as In
�} an undivided ono -half (y) Interest and RAi.PH 1'. MELVII.LE
and MARIAN 11. HLLVILLF. as it) an undivided one-half (S)
interest
whose address.@ 333 Fast Durant Avp.., Aspen
County at Pitkin and Rlsle..( Colorado
�f part lee tithe first port. aid the Public Trustee of thr -
Countyof Pitkin in the state of Culurado. party of the
weond psrt, lPltrlosart h:
iN T)YNRRRAS,themil &P E. FISHER and PAMELA D. FISHER as to an undivided one-
,� ), i hall A) interest and 1RiAA PPH P. MCL6'ILLE and MARIAN 6. MPLVIlJ.P, as to as undivided
4`one-half W interest If
are delirious of securing a Promissory Notts In the names of RALPH P. MILVILIS
d V and MARIAN A. MLLVILLS Iwarmforeadotehereathfnrthe
prinefpalartsef w� •Meta. {
gICMTT t•IVB THOUSAND AND NO/100-------------------- --------
ti payahbtothe mY*rof FIRST NATIONAL DANK IN ASPEN
Fobseasiddr.asis P.O. Bolt 3316. Aspen. Colorado 61612
i
II after lhedate thereof , with interest thereon from the date thereof atthe rate of 1S.Oapermatperaaaum,pyable f
rtth accrued Interest due monthly commencing December 1, 1980, and on the first I
day of each month thereafter,with the entire principal balance plus reNWas
accrued interest due and payable in full at or before maturity, April 1. 1981.
+IContinental Illinois Prime + 12 adjusted monthly. Minimuat APR - 132
Maximum APR - 18I 1
ANDWHRRRAa,Tsaid part lee oflhr first part are on rr.,u. of aeeuring t he paymonsil of the
priM nelpal and interest of said promo-.ry nut@ in whose hands scorer the said nut. or any of them maybe.
N(Tw TNr.RartIRL. The said part its of the ft,.l part. in ronatdrrai-tv of thr pr@mis". anti Oar the purpose
aforosaid, do hrnhy grant, bargain, sell and ronrry into the said party of the .rrond part, In trust forever, Ike
(I following dr,rnb@d property, sltusty to the (',only of Pitkin and stele of
tbloradn. to tit.
Lot 6,
SUlI1lY PARK NORTH SUBDIVISION
COURTY OF PITKIN
STATE OF COLORADO
,
%a. mNA. Mr. 'Ta-4w an la tat .t r.t.w 11. tw.n... t i...• w«....1... t ...,.... , ut.
a.Ml.,@Y���I,1. .yi �.,.t..�l..i..11.•n... ...1�...1..\'111111� IY f. ;
S)
..a • , . 1, .
_14 JO 3113
TO HA%Ir Artily Tn 11101.11 tit, ..me. 1„gr,1 1, si .l 4 . ; , „o• v v„ ., trio,.
belonging: In huN 1aierlMleu. Thal m r,,.e ••t u, i,. ,i, u+ � i . ; .. +, . , - , + i 1nn .y . ,. yai,
thereof. or In the Payment of Ilio i o,•r, t t hvry o ..,, „„ling t.f 11'.m.
er In the payment of any prior rn, ombraorr, pro„ ,pmi „r nisei.., , ,,.. . , -. d, to rte .limit, in ...ad., n, •n .1, ra.v
of violation or fire,, h of any of it,. term,. ron•litnm icve.nt• ,•, .,r• • �o„,,. her..% ..... U,. 1.•r,. l",.ry
hereunder or the Ivgal holder of the in
v.l ro weu}ed h,•,v1q .,,% W, I.r, ..rhlat n.o 4 any of Ih.
herein contained and elect to ad.setisr said propriety for sale and demam,l .o, 1, .ale, thrn, upon filing nollry of au. h
election and demand for sale with the raid party of the wrond part, who .hall upon rervipt of much notice of elertlnn
and demand for sale cause a ropy mf the vomit In Ito rrrordrd tit the rceor4vr'.offoe of the county in which said real
estate Is situated. •t %hall and may be lawful for amid party of the second part to sell and diapow of the same Ion maaw
or In separate parrels, so maid Pubhe 7►ustre may think brati. and all the right, title and interest of a.rd part lea of
the first part, t he 1 r heirs or assigns therein, at publir auction at lhv Sout h
featdwofthe Court House, inClty of Anpen (,.only of Pltk In and At.l. of C^tor.,lo.
er an said premises• or any pawl thereof, as may be specified in the not ire of surh sale, for the high. • and twat price
the same will bring in cash, four weeks' public notice having been previously given of the time and place of such sale•
by advertisement, weekly, in siln, newspaper of general circulation at the tune published ,n said
Countyef Pitkln a roprafrehirhootire
shall be mailed wl.hin ton days from the dote of the first publication thereof to said part lee +,11ho /)fit port al the
o4dro . heroin given and to such person or persons spyman ng to hew anporrd a sic hse,, rent rii—rd interest in
said real *State at the address given In the recorded instrument, where only the rounty and state is pion a the
address then such notice shall be mailed to the rounty beat, and to make and give to the pun haver er pus rEserra of
slash property at surh axis a fortifleate or certificates In writing describing sorb property purchowd, and the sum or
some paid therefor. and the time when the purthaser or purchasers for either person entitled threats) &hall be entitled
to a dead or d..d. th.relnr, univsm the same shall M redeemed as a provided try law: iced said Publte T•ustce shall,
upon drmend by the person or persons holding the said eactifirste or rsrtificater of purchase. when said demand to
made, or upon demand by the person entitled to a deed to and for the property purchased, at Ili. time n.rh demand is
made, the ism. for red.mptinn hev,ngospir.d, mak., and execute to such person or persons a dead ordeals to tMmsed
property purchased, which amid deed or dead. ah.)l be In the ordinary form of a n,nvo,ance, and mhxll be signed,
arlilaowiedged and deliwrtd by tl:* said Public Tru.t.e an grant*-. and Shall convey anJ qutlelaim to such pertl*S *S
persons entitled to such deed, as grantee• the said property purchased as aforesaid, and oil the right, title, IlKoevets,
benefit and equity of redemption of the part Ieaof the first part, the! r heirs and assigno therein and
shell recite the .iim or sums for which the said property was sold and shall refer to the power of sale heerin eontalned,
and to the sale or sale. made by virtue thereof, and in raw of an assignment of such certificate, or evrtifleatee of
purchase, or in rose of tbo redemptmn of such property by a subsequent encumbrancer, such assiptmont or robmp
twn shall alma be rvferr*d to In such dead or derails. but the notice of sale neat not be wt out In such dealer beds; and
the said Publir Trustee .limp, out of the proceeds or availm of surh male, after first paying and rotalnlag an foes,
thuvem and costs of making said male, pay to the berwfielary hvretrndvr or the legal holden, of said new the
prior pol and interest do, on said note according to the tenor and rff."Ahenof, and all moneys advanced by
much beneficiary or log+•1 holder of said note for insurance, tuna and &&movements, with Interest thereon
at 1S per cent per or.num, rendering the overplu., 1f any, unto the maid partlen of the first port,( hettlogal
repromentativ.a or assigns: which silo or ales and said lived or drodm to modr %hall be a p.rpelualb.r, both in law &rid
equity, against the .&,d part Lea of the first parlthri rhoirs or assigns mud .II other persona claiming the said
property, or any part thereof. by, from. through +.r und.r.a.d p.,(J,m oohs I—, pa, t. or any oh'•em TM finld.r or
holden of said not. •,, not.. mmy purrh... ... d properly or any part liters,.(, and it shall mid Ise . bliestor) op+n the
purchaser or purrhawre at any such Sale In se. to the application of tit. purehose .,,cry If a rsles- dead be
required. it I. agreed that the put leis ofthe first P►e6lyef rhelernr assign., will Pay theesponNlhor"t
And the .aid part I,.., of the first part, for It hen we Hen and for t In• 1 r heirs, sawulnrs,
and sdmin-.traior., rnvo rant and offer• to and with the said party of the second part, that at the time of
the onwaling ,f &rid dthvery of thv.v presents t hey Are well a ..d of the said land* mad tenements in less
simple, and heir ga,d right, full power and lawful authority to grant, bargain. sell and convey the mane In Penner
and form a% aR,.raaid, li r by fully and absolutely waiving end releasing oil r,gol. and clams they may hove In
or to maid land.. trmrmenl a, and j r ,pv,ty as a Ilomsatemd Exemption, or other exemption. unifier and by virtue of any
orl of the (; air l As mhly of the Plat. of Colorado now existing or which may hereafter be passed In rotation
thereto, and that , air Sam. are (rev slid river of all lion. end enrum hrrt rvs what tvrr.
1,14lcl) :3111
and the •bow barges nod pr„petty m the quiet and {,•areat,le pn•.e. noo of n. .aid party of the second part, has
rurcesaere and amaigna, against all and rv.ry prpn.
rs„n ,•r .rsoIsws, '.. or to claim the whole or any part
thereof, the said part i pre ••f the first part shall and will warrant and b•r.rer ol.f• rid
And that during the rp,nt inuanceof said lndrhtedneu or any lost l tl eteof Il,r and put it•S of the prat part will
in duo season pay all tat,.. and ■.aeasmonts Ito,«I I'o vard Ptoprrt). ail am- r, t o dip on amount of principal sr i
Interval on prior vhrumbra, , es, if any. and will krrp all buildings that mar at soy time be on sad land•, na.r J
Against loss by tier with rvivnded covvrsgv rndor.emenl in suth runipst,r onpon..s as the holder of .sad l
4. note may, from tin. to tin* dv.eh fin such e•im. a. surh r„mpao r ••r „rr. p.r.,r v rill m.ura tart. not to rsceed U,r
u•
amount of aid Ind.b• •dnr.....cept at the option of said part it.., p fit- I.1.t p. 1, with tors, A any. payable b, lbe
beneficiary hereunder. as It a interval may sp{orar, and w-ll drh,er it. l• 6,y or puhelre of inourshev to the
beneficiary hvrvunQrr, as further security for the indebtedness af,nv.am AhJ ,o . au of the failure of said partl sae
Of file lint part to thus insure and deliver the puhriva of Insurance, or to pay such taxes or assessment* or amounts
due or to bete.. dui on any prior encumbrance. d any, then the holder of .►ol ,pot* , or any of them, may procure
such insurance, or pay such tiara or assessments or amounts duo up•n prim encumbrances, If troy, and aD money.
thus paid sell), interest (hvrron, at 18 per cent per antrum, shall herame so much additional indebtedness,
secured by this deed of taut. and shall be pod out'of the proceeds of the sale of the property aforesaid, if not
otherwise paid by the sod put lee of the first part. And such failure shall M a violation of breach of this coven.nt
and agreement.
If all or any part of the property or an Interest therein is sold or tronsferred by ► rat Port fee without
boneflelarys prior written consent, excluding Ise the creation ale hen are enruenbronrs subordinate to this (lead of
Trust, (b)the creation of s purchase money "curtly intrrist for hnupeloold spPI,anree.le) a tranafor by devlee. de.rrni
or by operstion of low upon thr death of a joint tonant or Id) the grant of any lessehoid Into+eat of three yeah or less
not containing an option to purchase, boneflclaty may. At benvflitAr)'s ophon. declare all the omens secured by this
Deed ofTrust to fir immediately duo and payable. Menelirucy shall have wait rd such option to Accelerate if. prior hp
the sale or transfer, beneficiary and the portion to whom the property • to I.• void or transferred roach agreement in
! writing that the credit of such person Is saltsfi etory to beneficiary and that flow interest pMIyAble on tnv sums secured
by this Dead of Trull shall M at such rate an beneficiary shall request
AND THAT IN ,'AMC or ANY DRFAVLT. Whereby the right of foreclo,surt, occurs hereunder, the aid party of the
second part or the holder of .aid note or certificate n( purchase, .hall at once become entitled to the posersoww,
use and enjoyment of the properly aforesaid, end to the cents. issues and profits thereof, from the accruing af such i
right and during hp pendency of foreclosure procc.dmp and the p nod of redemption, Q any then be; and such
posm"im shall at once be delivered to the said party of the sreond par f or thl, A,Jder ref said now ar certificate
of purchase an rrgyr.t, and on refusal, the delivery of such possession m1go be rri f..revd by the said party of the save"
part or the holder of said note or certificate of purchase by an) ►Iov ,past, civil suit or proceeding, and the a14
party aftho orrond part, or the holder ofaid note ,frertifical o f prat ha.r.or any thvr cf, shall bolmtitled tea
Receiver for said prup.rty, and of the rants, upnes and profits there,.(, after any .urh default, including the time
covered by fore lusure proceedings and the period of redemption, if soy h,rn W. and .hall be entitled thereto as a
matter of right without regard to the solvency or in.olvrney of the part I e. , f the first part or of t- then sorrier of
said properly and withnul regard loth* value thereof. and stark Mr.river mad be appointed by any court of eomprlrnl
Jurisdiction upo-n r. p.r* apphcslion, and with I not.,. ..tics !»•,rag firmly r.presaly raivvd—and ■11 tsar•,
ususe and profits. income and revenue lhrrvfroyo shall sew applied by .urh It., r r.1 to the payment of the rnd.ht.4
mu hereby secured. according it, law and the ,order• and dirrrt ions of the rourl
AND, That in case of I.fn it in any of .aid pamrnts of prnr ipal sir interest, arcurduig to the tenor and effort of
said promissory note , forroid. or any of t .cm, or any part Ib,•r.,•f, or ,•f s breach or violation of any tit the
rev emnts or agreements here In, by the part le •1 of the first part, t fit. I r e.rruton, administrator@ or assigns,
then and In that raw the wholr of said principal von, hvrrl,y wrurr,l. and the interest thrrenn to the time *f ool#. may
at area, at the option of tit. legal holder t herwA. ter•, one doe and payable, and the said property be sold in the manner
and with the a.m. effort as if the -aid indeblvdor.s had matittrd, and Ihot if foreclosure be made by the Public
Trusts*, an attorney's fee of the sum Of a rrnht,linh I e nmut'nt ,i f dollars for servires in the
supervision of -aid Gm rloaure pruvedinga shall hr ill„wed toy the P11:41r 7rnmtrr *s a part of the coats of foreclosure,
and If forecl isn he msdr through the courts a fra.onshiv attoro.y'. fee •hall tie lased In Ile court as a part of the
crash of our), forrcloaurr pr,oi reding..
Should any prove .n of tins I)rvd of Trust for Mohd to -r-lot, it,,- .I stub•. or or to decision• of the Jlat► of
r•. Colorado, or of th • VnItrd State*. such provision ,dull low deemed b• l.r gnu oilr.l hrrmr,ply with and ronform to much
.letete. and door..,on. t
1N WITNF14M n1tKMyo1'. th► sod ,.,I Ice. „f ihr fir., loser b. , , ho 1, pro'. pit t Ire I r hand and
s..l the day ► ,d )•ear feat •toile wrnl.0
N ITA1:w *Lill 11.•MI If. 111��, Iyl1:ALI
s 1 e - MARIAN N. 91�1.1ILIF INVM.I
ItlI1N B. I I .III �t rKALI
•TVF. rat 111.40MAUl1.
.., ••PAMEt.A n. I lc •-- (�F:AI) � :,
`• f.l•r�� t ,nit ,,, PI of III -
,•Th�fl1ijy�,pi ,rr.trhr.n err •. a. ukit,.a to .lW Ili bnr rn.•Ih1. ..; ft J.Y of Ilrl irlot•Y
IQAdvp�1y.4A)s'11 P. hfFLVILIX air l MAN IAN d. MI'I.VII I I
EyJrMrn1••„ .fell.• to Wilerr••n, sal veal
e
k...,rdnd at J40
IIe..Plmn Nfe3zmtj
Apr 1 : ;:, 1981
lnrrlt, Renner R,.o,d.r
e
KNOW ALL MEN UY TIIF.nF 1lRRS[FITB, that WIII:RF.AS, , here i RF9tY)ROrR" SrAMP
was reeolded on the ; 1 I dayof
400 Nuvrmbrt
nook
Ip BU, is at Pairs 102
IFllm Ne, ltereptlon No. 2,111991, e'a 4f16 750
`f of the rweorda In the off,-e of the County Clark and R-.,tder of the
7 County of Pltkill In the His•.4
f Colorado, ILetnA;n Ileed of Trust
dated the 241 It de of
y (k't Ober 144U ,
sxeeutadanddeliveredby PALPH P. MELVILLE and MANIAN H.
MELVILLE and ,JoHN F. PfSHF.R And PAMELA D. FISHER
to .*cure to
FIRST NATIONAL BANK IN ASPENtha
piymenof an Indablednee■ In saw InaCu my Wrt tesloly mrnuoned,
Creating • Usti upon the following described
ppariin n said
State al Colorado. to with County of Pltkln
Lot 6,
SUNNY PARK NORTH SUBDIVISION
j{J COUNTY OF PITKIN
STATE OF COLORADO
AND WIIEREAS, EIGHTY FIVE THOUSAND AND NO/100----------
__
of said Indeb/edn.*e rerun-------- with Interval Paw only to April 1. 1981 • _-_-_- Igllare
and, W11LREAS, RALPII P. MELVILLE, MARIAN H. MELVILLE and JOHN F. FISHER, rISHER(arv) the legal owns, of said propmty, and W HLRF:AHPAMELA D.
,
FIRST NATIONAL BANK IN ASPEN (ts) l ao l the owner M Above refsrnd to, and, WHF.RF.AS, the part;.* h,retn desire to aa.*e ul,on an satonslon of the Uss pa at ndaM�eeaatt
said Indebtedness.
NOW, THEREFORE. for a valuahle ronald,ratlon, it Is hereby agreed that tha tlms of payment of saW Indebted.
sees IN harsby extended to the 25t h day of Or t oher
terms td' Ma note npre,entlng said Indebtedness and the in,trument rnaUnss LM lien awrl10 the aliferittatbe
eon.
tha fitereat rate will be 18.OXa and the repayment At -he AA firllows: In a Alnftle 1
payta*nt of p-ln'tp•I Plu4 accured Intereat due And pnyable In full at or before
maturity. October 25, 1981.
and be In toll foree and offset. and the lien crested by said ne mmert sod noun thereof "I aonUeoe
In eoneldenuon of the granting of maid satanslon RALPH It. MFLI' I LLF, MARIAN It. MELVILLE And
JOHN E. FISHEC, PAMELA D. FISIIF.R
, the legal oerner4 of old property, hereby ap•ae to be perwa,dly liable for the paysaet e[
said Indobtedneam' •red all Interest and Charge$ thereon, and that all of the tarts of the Instrument enaung the Itse
eeruring the paytnenl thereof •hall be and remdn-In full f-ree end (feet e.eept as aforesaid.
Listed this I A t day o.
.\prll ,IYAI
FIRST NATIONAL BANK IN ASPS-
f i
II�
RA i I'. MF: 11111l�
LflU1�JEl1T7f)1'.n�Al1ra11f�/lfli�lf�tAMt 1f..
NTATE Or COLORADO, f_
County of Pltkln }e' �)
r ' ��/_1/LJ �f
TM foregoing Instrument was arknnwledgsd beforem1 day of
le 81.by RALPII P. HF[VILLF, MAN IAN H. MFI.t'ILLF., .1� F.. FISHEa. PAyt�Iat n. F1aHtS,i
W rtnasa my hand ana offl,l,l seal.
My rommlaelon expuee /, , r .
/TATE OF rill OHAlrfl, a hNY
.r
County of ,• I r L l it �,•. , 1
The foregoing Instrument sm arknowl.dged 1•dure r.v th,e t
1 Al by LOUISI BRAINnu'r, ',,.. 1•.t day •f April
t. Vfre Prevldent fret IIItS'I N\III:N•\1. RANK IN ASPEN
K'Itneu my hand -4 nffteW seal.
M) Cnmrnle•foo eapfree + % s
"
M�ae7�hN�
•In ,,Ye1W wed., br•Y one eel, wYme+re tare h,Y ab lleest „
ne. Se7 t. al7rV e•n.r Al:a■aYiM70a -tr'aT nei0, Mosroawg' M... ' t
i •.an ,.r 1•„:�uwe r.. •rrr N t,. , .., Ir.e. er. , er.�.enn ie �e
n
1,
I '
f
3:41 P April 8, 1981
�•• Recorded at o'cluck M.
I
)
l
Recept ton No--yL~
fl,k . - - Page
Rar,.rd. r ! ),etta fi,inner RecOrder
ADDITIONAL ADVANCE AGREEMENT wv406 1-,751
FOR VALUE RECEIVED, twe) (1) promise to p,,y to the order of
First National flank in Aspen, at its offices, thi sum of FORTY THOUSAND /•ND
NO/100------------- -- pollars in repoym.-nt of tin additional advance upon
a loan e•ridenced by (my) (our) Promissory Note and Dved of Trust dated October 24,
1980 , and recorded at Book 400 , Page 102, of the records of the Clark and Recorder
of�— Pitkin _ County, Colorado. _.
It is agreed that the above -stated additional advance, receipt of which to
hereby acknowledged by the undersigned, shall be added to the present unpaid principal
balance ader said Promissory Note and that, accordingly, the unpaid principal balance
is as of this date Including the advance, the sum of F.Ii.H('Y FIVE THOUSAND AND NO/100---
----
----------------------------------dollars all of whlrh the undersigned plNsise • to
pay with interest at 18.0* per annul as follows: In a Ire • sat o[ rtnrlpal
_ plus accrued interest due and payable In full at or be nor maturity, cto et ).
*Continental Illinolh Prier +I.0% adjuster monthly, _APR 18.01
and all of which shall he secured by said Dead of Trust.
The maturity date of the aforementioned Promissory Note (is hereby) (to
not) extended. !to n,tober 25 , 19 81). The aforementioned Promissory Note and
Dead of Trust are hereby amended to the extent and in accordance with the torus of
this agr^went.
In all other respects, said Promissory Note and Deed of Trust shall [oasis
unaffected, unchanged, and unimpaired by reason of the foregoing advance (and exten-
sion of maturity date, if any), including but not limited to any provisions thereof
with respect to default, acceleration, late charges, and attorneys' fees.
The undersigned warrant(*) that there are no other liens and encumbrances
on the property subject to the aforanentloned Deed of Trust except as se—rlty for a
construction loan In the :+mount of: ;230,000.00
Thu undersigned warrant(&) that this extaasion 4nd amendment has been
agreed to by any guarantors or sureties of the aforementioned Promissory Note, if
any the. be.
The Trustee of the Deed of Trust hereunder )nuns in the execution hereof
for ttr sole purpo&s of evtdsneine its content -as Trualee under the Deed of Trust to
the foregoing extenafon and amendment.
IM WITNESS WNEREOr, (we) (T) have executed .his Additional Advance
Agreement this Ist day of April 1981 .
BORROWER: I )i J( /
RALPH P. F'W'LVILLF t MARIAN If, MFLVILIE
STATE OF COLORAIx) )
) as, c',:.
ODUNT! Of PITKIN
Subscribed and sworn to before tee this Ir.t day of Aril
by the Borrower(s) RAI.Pif 1'. MELVILLE anti M.tRIAN If. MF: TILLF.
Witness ■y hand and official seal. '
�f
My coasitsefon uxpirea: r
Notary Public �
d
Public Trustee ' )
�i
POR11: 019 (9178 (Additional Advance Agreement)
i
T, ' ,
f
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
LEONARD M. OATES ASPEN, COLORADO 81511
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN October 26, 1981
Alice Davis
City of Aspen
Aspen/Pitkin Planning Office
130 South Galena St.
Aspen, CO 81611
Dear Alice:
Q
DOT 9 1981
A,Sttty / PITKIN CO.
KANNIAsr ncrrrF
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER: 9201121
Re: Fisher/Melville - Lot 6, Sunny Park North
Subdivision
You will please find enclosed herewith the mylar and
one copy of the revised plat for the above condominium. The
surveyor checked with the City Engineering Department, the shed
which was omitted from the earlier draft is merely a construction
shed, not constituting a part of the permanent improvements for
the property. It will be removed and as a consequence it should
not show on the plat.
Please let me know if you need additional copies
of the plat and I will forward them to you well in advance of the
November 9th hearing date.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
i
By
Leonar . Oates
LMO:jlw
Enclosures
cc: John Fisher
# A81-349
OWNERSHIP AND ENCUMBANCE CERTIFICATE
ASPEN TITLE COMPANY
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot 6,
SUNNY PART NORTH SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
John E. Fisher and Pamela D. Fisher as to an undivided one-
half interest and Ralph P. Melville and Marian H. Melville
as to an undivided one-half interest.
by that certain Warranty Deed recorded in Book 364 at page 876
and that certain Warranty Deed recorded in Book 400 at pager.
and that the above described property appears to be sub3ect to the following:
1. Deed of Trust from John E. Fisher and Pamela D. Fisher, Ralph P.
Melville and Marian H. Melville to the Public Trustee of Pitkin
County, Colorado for the use of First National Bank in Aspen to
secure $260,000.00 dated November 21, 1980, recorded November
21, 1980 in Book 400 at page 299.
Disburser's Notice naming First National Bank in Aspen as disburser,
recorded November 25, 1980 in Book 400 at page 412.
2. Deed of Trust from John E. Fisher and Pamela D. Fisher, Ralph P.
Melville and Marian H. Melville to the Public Trustee of Pitkin
County, Colorado for the use of First National Bank in Aspen to
secure $85,000.00 dated October 24, 1980, recorded November 21,
1980 in Book 400 at page 302.'
NOTE: Agreement extending the date of payment of above Deed of Trust
to October 25, 1981, recorded April 8, 1981 in Book 406 at page 750.
NOTE: Agreement for additional advance under above Deed of Trust, in
the sum of $40,000.00, showing the total indebtness in the sum of
$85,000.00 recorded April 8, 1981 in Book 406 at page 751.
NOTE: although we belive the facts stated herein are true, it is understood
and agreed that the liability of Aspen Title Company will be limited to the
amount of the fee charged hereunder. This Certificate is not to be construed
as an abstract of title, nor an opinion of title, or a guaranty of title.
Dated this 9th day of September, 1981
ASPEN TITLE COMPANY
Authorized signature
AT 8:00 A.M.
Fee $ 75.00
0
r
C�
CONDOMINIUM DECLARATION
LOT 6 SUNNY PARK NORTH
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, JOHN E. FISHER, PAMELA D. FISHER, RALPH P.
MELVILLE and MARIAN H. MELVILLE, hereafter collectively called
the "Declarants" are the owners of the following described
real property situate in the County of Pitkin, State of Colorado:
Lot 6, Sunny Park North, accordint to the
recorded plat thereof
WHEREAS, Declarants desire to establish a condominium
project under the condominium Ownership Act of the State of
Colorado; and
WHEREAS, Declarants have constructed a building and
other improvements appurtenant thereto on the above -described
property which shall consist of two (2) separately designated
single family residential condominium apar_trlent Units; and
WHEREAS, Declarants do hereby establish a plan for
the ownership in fee simple of real property estates consist-i.ng
of the area or -air space contained in each of the Condominium
Units in the building improvement, and the co -ownership by the
individual and separate owners thereof, as tenants in common`
of all of the remaining real property hereinafter defined and
referred to as the Common Elements; _
NOW THEREFORE, Declarants do hereby publish and
declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations
shall be deemed to run with the land, shall be a burden and a
benefit to Declarants, Declarants' heirs, personal represent-
atives, grantees and assigns and any persons acquiring or
owning an interest in the real property and improvements,
their respective grantees, successors, heirs, executors,
administrators, devisees or assigns.
1. DEFINITION_S_. Unless the content shall expressly
provide otherwise, the following definitions shall apply:
(a) "Apartment" or "Unit" means an individual
air space which is contained within the unfinished
interior surfaces of the perimeter walss, floors,
ceilings, windows and decors of the Dwelling Units
in the building as shown on the Map and any amended
Map to be filed for record, together with all fixtures
and improvements therein contained but not including
any of the structural components of the buildingj, if
any, within a unit, and including garage area as
constructed, if any.
(b) "Condominium Unit" means an apartment or
unit together with the undivided interest in the
General and Limited Common Elements appurtenant to
such apartment or. unit.
(c) "Owner" means a person, firm, corporation,
partnership, association or other legal entity, or
any combination thereof, owning one or more Condominium
units; the term "Owner" shall not refer to any
Mortgagee, as hcr(An defined, unless such Mortgagee
has acquired title pursuant to foreclosure or any
proceeding in lieu of foreclosure.
(d) "Mortgage" means any mortgage, deed of
trust, or other security instrument by which a
condominium unit or any part thereof is encumbered.
(e) "Mortgagee" means any person named as the
mortgagee or beneficiary under any mortgage, trust
deed or creditor under any other security instrument
which Qncumbers the interest of any Owner.
(f) "Common Elements" means:
(1) The land upon which the building is
located.
(2) The foundation, columns, girders,
beams, supports, main walls, roofs, crawlspaces,
exterior building surfaces and any "party wall" as
shown on the Map.
(3) The installations, if any, consisting
of the equipment and materials making up the central
services such as tanks, pumps, motors, fans, compressor:
ducts, power, sewer, light, gas, hot and cold water,
heating, ventilating and air conditioning and, in
general, all apparatus and installations existing
for common use;
(4) Such partly or entirely enclosed air
spaces as are provided for common use;
(5) All other parts of the Property
necessary or convenient to its existence, maintenance
and safety or normally in common use.
(g) "General Common Elements" means those
parts of the Common Elements which are not designated
as "Limited Common Elements."
(h) "Limited Common Elements" means those
parts of the Common Elements reserved for the exclusive
use of the Owners of less than all of the Condominium
Units in the building. The surface and airspace
above the portions of the ground designated "Exclusive
Use Area" for the respective Units are Limited
Common Elements.
(i) "Entire Premises", "Premises", "Project"
or "Property" means and includes the land, the
building, all improvements and structures thereon,
and all rights, easements and appurtenances belonging
thereto.
(j) "Common Expenses" means and includes:
(1) All sums lawfully assessed against
the General Common Elements;
(2) Expenses of administration and management
maintenance, repair or replacement of the General
Common Elements;
IWz
(3) Expenses declared coramon expense3 by
the Unit Owners.
(k) "Map" means the Condominium Map referred
to in paragraph 2 below.
(1) "Building" means the building improvement
comprising a part of the property.
2. CONDOMINIUM NAP. Declarants shall cause to be
filed for record a Map. The f.7ap shall depict and show at
least the following: The legal description of LYie land and a
building; the perimeter boundary of each Unit; the Unit numbers
or other designation. The flap shall contain the certificate
of a registered Colorado land surveyor certifying that the flap
substantially depicts the layout, measurements and location of
the Building, the Units, the Unit designations, (--he dimensions
of such Units and that the flap was prepared subsequent to
substantial completion of the improvements depicL-ed.
In interpreting the Condominium flap the existing
physical boundaries of each Unit as constructed shall be
conclusively presumed to be its boundaries.
3. DIVISION O_FPROPERTY_INTO _CONDOMINIUM UNITS.
The real property is hereby divined into two (2) separate fee
simple estates, each such estate consisting of the separately
designated units and undivided one-half (1/2) interest in and
to the general common elements. Each such unit shall be
identified on the flap by letter, one Unit designated.as Unit
A, and the other as Unit B.
4. LIN?ITED COHMON ELEMENTS. A portion of the
General Common Elements a set aside a-nd reserved for the
exclusive use of the Owners of each Unit respectively, such
areas being the Limited Common Elements.
The Limited Common Elements reserved for the exclusive
use of the individual Owners shall be identified on the flap,
and shall, without further reference, be the Limited Common
Elements associated and used with the -Apartment Unit to which
each such element is assigned on the Map. All Limited Common
F.•lements shall be used in connection with the particular
Apartment Unit to which it is assigned on the Map, to the
exclusion of the use thereof by the Owner(s) of other Unit
except by invitation. All of the owners of the two (2) condo-
miniums units in this condominium project shall have a non-
exclusive right in common with all of the other owners to use
of sidewalks, pathways, and driveways located within i,he
entire condominium project, if any. No reference thereto,
whether such limited common elements are exclusive or non-
exclusive, need be made in any deed, instrument of conveyance,
or other instrument, and reference is made to the provisions
of paragraph 6 of this Declaration.
5. INSEPARA_B_ILITY OF A UNIT. Each Unit and the
undivided interest in the General Common Elements and the
Limited Common Elements, if any, appurtenant thereto shall be
inseparable and non-par_titionable and may be conveyed, leased,
encumbered, devised or inherited only as a Condominium Unit.
6. METHOD OF DESCRIPTION. Every contract for the
sale of a condominium unit and every other instrument affecting
-3-
title to a condominium unit unit may describe that condominium
unit by the unit number shown on the Condominium Hap appearing
in the records of the County Clerk and Recorder of Pitkin
County, Colorado, in the following fashion:
Condominium Unit _, Lot 6 Sunny Park North
Condominiums (a Col
zc?am.inium) according to the
Condominium Map appeari.iig in the records of
the County Clerk and Pecorder of Pitkin County,
Colorado, in Book at Page
Such description will be construed to describe the unit,
together with the appurtenant undivided interest in the common
elements, and to incorporate all the rights incid,.nt to ownership
of a condominium unit and all the limitations on such ownership
as described in this Declaration.
7. SEPAR_ATE ASSESSMENT AND TAXATION-NO_'_JCF 'i'O
ASSESSOR. Declarant shall give written notice to the Assessor
of Pitkin County, Colorado, of the creation of condominium
ownership of this property, as is provided by law, so that
each Condominium Unit and the interests appurtenant thereto
shall be deemed a separate parcel and subject to separate
assessments and taxation. In the event that for a period of
time any taxes or assessments are not separately assessed to
each unit owner, but are assessed on the property as a whole,
then each unit owner shall pay his proportionate share thereof
in accordance with his percentage ownership of the general
common elements.
8. TITLE. A Condominium Unit may be held and
oc•:ned by more than one person as joint tenants, as tenants in
common, by any legal entity, or in any real property tenancy
relationship recognized under the laws of Colorado.
9. NONPARTI'L11IONABILITY OF GENERAL COMMON ELEMENTS.
The General Common r lc ments shall be owned in cor�,mon by all of
the Owners of the Apartment Units and shall .remain undivided,
and -no Owner shall bring any action for physical partition or
division of the General Common Elements. Nothing contained
herein shall be construed as a limitation of the right of
equitable partition of a Condominium Unit between the Owners
thereof, but such partition shall not affect any other Condolniniu
Unit.
10. USE OF UNITS; GENERAL AND LIMITED COMMON ELEMENTS.
Each Owner shall be entitled to exclusive ownership ,and possessio
of his Apartment. Each Owner may use the General and Limited
Common Elements in accordance with the purpose for which they
are intended, without hindering or encroaching upon the lawful
rights of the other Owner(s).
11. USE AND OCCUPANCY_. Each Condominium Unit shall
be used and occupied solely for, except as the owners might
otherwise agree, residential purposes only, and except as
provided in this paragraph, no trade or business of any kind
may be carried on therein. Subject to applicable governmental
land use regulations, lease or rental of a Condominium Unit
for lodging or residential purposes shall not be considered to
be a violation of this covenant. Other than non --exotic household
pets, and except as the owners might otherwise agree, pets
shall not be permitted within the units or upon the common
elements.
-4-
12. EASEMENTS FOR ENCROACHMENTS. If any portion of
the Ceneral Common Elements now or hereafter encroaches upon
an Apartment, a valid easement for the encroachment and for
the maintenance of same, so long as it stands, shall and does
exist. If any portion of an Apartment now or hereafter encroache:
upon the General Common Elements or upon the other Apartment,
a valid easement for the encroachment and for the maintenance
of same, so long as it stands, shall and does exist. For
title or other purposes, such encroachment and case;nents shall
not be considered or determined to be encumbrances either on
the General Common Elements or the Apartments. The foregoing
shall apply, as well, in the event of the partial or total
destruction of the building, either of the units or other
improvements comprising a l l or a part of the general coi:imon
elements and the subsequent rebuilding or reconstruction
thereof.
13. TERMINATION OF MECHANIC'S LIEN RIGHTS AND
INDEMNIFICATION. No labor performed or materials furnished
and incorporated in an Apartment with the consent or at --ile
request of the Owner thereof, or his agent or his contractor
or subcontractor shall be the basis for filing -of a lien
against the Apartment of any other Owner not expressly consenting
to or requesting the same, or against the General Common
Elements owned by such other Owners. Each Owner shall indemnify
and hold harmless each of the other Owners from and against
all liability arising from the claim of any lien against the
Apartment of the other Owner or against the General Common
Element$ for construction performed or for labor, materials,
services, or other products incorporated in or otherwise
attributable to the Owner's Apartment at such Owner's request.
Notwithstanding the foregoing, any mortgagee of a condominium
unit who shall become an owner of a condominium unit by deed
in lieu of foreclosure shall not be under any obligation to
indemnify and hold harmless any other owner against liability
for claims arising prior to the date such mortgagee becomes an
owner.
14. ADMINISTRATION AND MANAGEMENT. Each Owner
shall manage his own Unit and share management of the general
common elements co -equally with the other owner. The Common
Elea,^nt.� of tha conclomi.nium project :,•iall be well mai_nt:alned
with all necessary repairs made in a timely fashion so that
the common elements are functional for their intended purposes
and are neat, clean, well kept and attractive.
15. RESERVATION FOR ACCESS-MAINTENANCE,_REPAIR
AND EMERGENCIES. All the owners shall have the irrevocable
right to have access to each Apartment or the Limited Common
Elements appurtenant thereto from time to time during reasonable
hours as may be necessary for the inspection, maintenance,
repair or replacement of any of the General Common Elements
thereon or accessible therefrom or for making emergency repairs
therein necessary to prevent damage to the General or Limited
Common Elements or'to another Apartment. The oblig.iti.on of
maintenance and the consequences of damage therefrom resulting
are set forth in paragraph 16 hereof.
16. OWNERS' MAINTENANCE RESPONSIBILITY. For purposes
of maintenance, repair, alteration and remodeling an owner
shall be responsible for all surfaces (i.e., exterior, interior,
structural and nonstructural)- physically serving or connected
with his unit and all utility systems (e.g., pipes, wires
conduits) commencing at the point where any of such systems
depart an area of common usage or. an area of'usage restricted
-5-
to the other unit and begin in the direction of his unit. All
surfaces jointly serving both units such as common walls, and
all utility systems in any area of common usage shall be
maintained repaired, altered or remodeled jointly by the
owners. Each owner shall indemnify and hold the other forever
harmless from and against any and all loss or damage of whatsoever
n.Ature occasioned in the performance of, his respective obligation
of maintenance and repair, or in his failure to perform, and
in the alteration or remodeling of any areas for which he is
responsible as herein provided. No repair, alteration, remodelin<
or maintenance thereof shall modify the appearance or color
scheme of the exterior improvements as they may exist from
time to time by agreement of both of the Owners, without the
written consent of both of the Owners. The right to repair,
alter and remodel shall carry the obligation to replace any
finishing materials removed with similar or other types or
kinds of finishing materials of equal or better quality, and
to maintain the exclusive use area in neat and clean condition.
An Owner shall maintain and keep the interior, together with
exterior surfaces and other non -interior areas for whicil he is
responsible as provided above in this paragraph 16, of his own
Unit and the Limited Common Elements appurtenant thereto in
good taste and repair, leaving a neat and attractive appearance,
including the fixtures thereof.
17. COMPLIANCE `KITH PROVISIONS OF DECLARATION.
Each Owner shall comply strictly with the provisions of this
Declaration as the same may be lawfully amended from time to
time. Failure so to comply shall be grounds for an action to
recover sums due and for damages or injunctive relief or both,
maintainable by an aggrieved Owner, or assessable as though
Common Expenses.
18. REVOCATION OR AMENDMENT TO DECLARATION. This
Declaration shall not be revoked nor shall any of the provisions
herein be amended unless the Owners of both Units, and all of
the holders of any recorded first mortgage or deed of trust
covering or affecting any or all Condominium Units consent and
agree to such revocation or amendment by instrument (s) which
shall be duly recorded.
19. ASSESSMENT FOR__COMMO_N_ EXPENSES. All Owners
shall be obligated to pay the assessments imposed by the
Declaration by the Owners to meet the Common Expenses which
shall be necessary to keep the project in good and attractive
condition. Except for insurance premiums, the assessments
shall be made Pro rata according to each Owner's undivided
interest in and to the General Common Elements. Assessments
for insurance premiums shall be based upon that proportion of
the total premiums that the insurance carried on a Condominium
Unit bears to total coverage. Assessments for the estimated
Common Expenses, including insurance, shall be due monthly in
advance on the first day of each month. The Owner incurring
the cost shall prepare and deliver or mail to the other Owner
an itemized monthly statement showing the various esti+~ated or
actual expenses for which the assessments are made. Contribution
for monthly assessments shall be prorated if the ownership of
a Condominium Unit commences on a day other than the first day
of a month.
Assessments for the reasonable actual common expenses
may be made, by an Owner incurring the same, among other
things, for the following: of taxes and special assessments,
until separately assessed; fire insurance with extended coverage
and vandalism and malicious mischief insurance with endorsements
!M.
attached issued in the amount of the mztimum replacement value
of both of the Condominium Units; casualty and public liability
and other insurance premiums; landscaping and care of grounds
which are general common elements common lighting; repairs and
renovations; garbage collection fees; management fees; expenses
a rnl li.a bi_lities incurred by any Owner under or by reason of
this Declaration; the I-,ayrnent of any deficit r,�,%-Iining From a
previous period, as well as other costs and expenses relating
to the General Comclon Ele;,lents. The omission or failure of
the Owners to fix the assessment for any month siz<-111 not be
deemed a waiver, modification or a release of the Owners from
their obligation to pay. No improvements shall be ri.�de to the
common elements without the consent of both of tine Owners.
20. INSURANCE. The Owners shall obtain and maintain
at all times insurance of the type and kind provided hereinahove,
and including for such other risks, of a similar or dissi►nilar
nature, as are or shall hereafter customarily be covered with
respect to other Apartment or Condominium Buildings, fixtures,
equipment and personal property similar in construction,
design and use to the Project, issued by responsible insurance
companies authorized to do business in the State of Colorado,
and as shall be satisfactory to all holders of first mortgages
and first trust deeds encumbering .the units. The insurance
shall he carried in blanket policy form na►ning the Oaners as
the insureds, which policy or policies shall identify the
interest of each Condominium Unit Owner (Owner's name, unit
designation, the appurtenant undivided interest in the General
Common Elements), and which shall provide forms, standard,
noncontributory Mortgagee clause in .favor of each first i*?ortgagee
and shall further provide that it cannot be cancelled by
either the insured or the insurance company until after ten
days' prior written notice to each Fir--&t Mortgagee. The
Owners, upon request of any first Mortgagee, shall furnish a
certified copy of such blanket policy and the seperate certif_icat
indentifying the interest of the mortgager.
All policies of insurance shall provide that the
insurance thereunder shall be.invalidated or suspended only in
respect to the interest of any particular Owner guilty of a
breach of warranty, act, omission, negligence or noncompliance
with any provisions of such policy, including non-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, but the insurance under any such policy, as
to the interests of all other insured Owners not guilty of any
such act or omission, shall not be invalidated or suspended
and shall remain in full force and effect. Unless the Owners
otherwise agree, determination of maximum replacement value of
both Condominium Units for insurance purposes shall be made
annually -by one or more written insurance appraisals, copies
of which shall be furnished forthwith to each Mortgagee of a
Condominium Unit. In addition, each Owner shall he notified
of such 'appraisals.
Insurance Coverage on the furnishings, additions and
improvements incorporated into a Unit and all itens of personal
property belonging to an Owner and casualty and public liability
insurance coverage within each individual Unit shall be the
responsibility of the Owner thereof.
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21. OWNERS _'_PERSONAL OR_LICA_T__ION FOR _P?1YMENT_OF
ASSESSMENTS. The amount of the Common Expenses assessed
against or incurred on account of each Condominium Unit shall
be the personal and individual debt of the Owner thereof.
Suit to recover a money judgment for unpaid common expenses
shall be maintainable by any aggrieved Owner without foreclosure
or waiving the lien securing same. 170 Owner may exempt himself
from liability for his contrihutuion towards the Common Expenses
by Waiver of the use or enjoyment of any of the Coi:,r::on Eleinents
or by abandonment of his Unit.
22. LIEN FOR _NONPAYMEN_T OF COMMON EXPENSES. All
sums due but unpaid for the share of Common Expense chargeable
to any Condominium Unit, including interest thereon at eig;iteen
(18%) percent per annum, shall constitute a lien on such unit
superior (prior) to all other liens and encumbrances except:
(a) Tax and special assessment liens on the
Unit in favor of any governmental assessing entity;
and
(b) All sums unpaid on a first mortgage or
first deed of trust of record, including all unpaid
obligatory sums as may be provided by such encumbrance,
including additional advances, refinancing or
extension of these obligations made thereon prior to
the arising of such a lien.
To evidence such lien the aggrieved Owner may, but
shall not be required to, prepare a written notiict, st-itti.ng
forth the amount' of: such unpaid i-nr eb'c-Aness, the nam,- of the
defaulting 0t-.ner of the Condominium Unit and a description of
the Condominium Unit. Such a notice shall be signed by the
aggrieved Owner, and may be recorded in the office of the
Clerk and Recorder of the County of Pitk'in, State of Colorado.
Such lien for the Common Expenses shall attach from the date
of the failure of payment of the debt, and inay be enforced by
foreclosure on the defaulting Owner's Condominium Unit by the
aggrieved Owner in like manner as a mortgage or deed of trust
on real property upon recording of a notice or claim thereof.
In any such foreclosure the defaulting Owner shall be required
to pay the costs and expenses of such proceedings, the costs
and expenses for filing the notice or claim.of lien and all
reasonable attorney's fees incurred in enforecement of the
lien claim. The defaulting Owner shall also be required to
pay the the foreclosing party a reasonable rental for the
Condominium Unit during the period of foreclosure, and the
foreclosing party shall be entitled to a receiver to collect
the same. The foreclosing party shall have the power Lo bid
in the Condominium Unit at foreclosure sale and to acquire and,
hold, lease, mortgage and convey same.
The amount of the Common Expenses chargeable against
each Condominium Unit and the costs and expenses, including
attorneys' fees, of collecting the same shall also be a debt
of the Owner thereof at the time the same is due. Suit to
recover a money judgment for unpaid Common Expenses shall be
maintainable without foreclosing or waiving the lien securing
same.
Any mortgagee holding a lien on a condominium Unit
may pay any unpaid Common Expense payable with respect to such
Unit, and Ripon such payment such mortgagee shall have a lien
on such Unit for the amounts paid of the same priority as the
lien of his encumbrance.
MM
•
23. LTABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOMINIUM UNIT. Upon the written request of any Owner or of
any Mortgagee or prospective Mortgagee of a Condominium Unit,
the Owner of the other Unit shall issue a written statement of
facts known to his, expressly or constructively, setting forth
the amount of the unpaid Common Expenses, if any, with respect
to the subject Unit, the amount of the current monthly assessment
and the date such assessment becories due, credit for advance
payments or for prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer
of such statement in favor of all persons who rely thereon in
good faith. Unless such request for a statement of indebtedness
is furnished within ten (10) days, all unpaid Common Expenses
which become due prior to the date of making such request
shall be subordinate to the lien of the mortgagee requesting
such statement.
The grantee of a Unit shall be jointly and severally
liable with the grantor for all unpaid assessments against the
latter for his proportionate shares of the Common Expenses up
to the time of the grant or conveyance, without prejudice to
the grantee's right to recover from the grantor the amounts
paid by the grantee therefor; provided however, that upon
written request, any prospective grantee shall be entitled to
a statement from the Owners of the -other Unit of facts known
to him, expressly or constructively, setting forth the amount
of the unpaid assessments, if any, with respect to the subject
Unit, this amount of the current monthly assessment and the
date that such assessment becomes due, credit for advanced
payments or for.prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer
of such statements. Unless such request for a statement of
indebtedness shall be complied with within ten days of such
request, then such grantee shall not be liable for, nor shall
the Unit conveyed be subject to a lien for, any unpaid assessment;
against the subject Unit.
24. MORTGAGING A CONDOMINIUM UNIT -PRIORITY. Any
Owner shall have the right from time to time to mortgage or
encumber his interest by deed of trust, mortgage or other
security instrument. A first mortgage shall be one which has
first and paramount priority under applicable law. The Owner
of a Condominium Unit may create junior mortgages on the
following conditions: (1) any such junior mortgages s'.hall
always be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for common
expenses, and other obligations created by this Declaration;
(2) the Mortgagee under any junior mortgage shall release, for
the purpose of restoration of any improvements upon the mortgaged
premises, all of his right, title and interest in and to the
proceeds under all insurance policies upon said premises which
insurance policies were effected and placed upon the mortgaged
premises by the other Owner. Such release shall be furnished
forthwith by a junior mortgagee upon written request of the
Owner or either of them.
25. RIGHT OF FIRST REFUSAL BY OWNERS. In the event
any Owner of a Condominium Unit, shall wish to sell and shall
have received a bona fide offer therefor from a prospective
purchaser, excluding an offer from the Owner, the selling
Owner shall give written notice thereof to the remaining Owner
together with a copy of such offer and the terms thereof. The
remaining Owner shall have the right to purchase the subject
unit upon the same terms and conditions as set forth in the
offer therefor, provided written notice of such election to
1
purchase is given to the selling Owner, or iris agent, togeLhor
with a matching down payment or deposit during thc_� t-wenty (20)
day period immediately following the receipt of the notice of
the offer to purchase.
In the event any Owner shall attempt to sell his
Condominium Unit without affording to the other Owner the
right of first refusal herein provided; such sale or lease
shall be voidable and may be voided by a certificate of noncom-
pliance of the aggrieved Owner duly recorded in the recording
office where the Declaration is recorded.
However, in the event the aggrieved Owner has not
recorded such a certificate of noncor`nliance within one year
from the date of recording in the care of a deed delivered in
violation of this paragraph, such a conveyance shall be conclusiv(
deemed to have been made in compliance with the paragraph and
no longer voidable..
In no case shall the right of first refusal reserved
herein.affect the right of an Owner to subject his Condominium
Unit to a trust deed, mortgage or other security instrument.
The right of first refusal, provided herein, shall
extend and run for the lives of the declarants and the survivor
of them, plus twenty-one years.
26. EXEMPTION FROM RIGHT -OF FIRST REFUSAL. In the
event of any default on the part of any Owner under any first
mortgage which entitles the izolder thereof to for(E�close same,
any sale under such foreclosure, including delivery of deed to
the first mortgagee in lieu of such foreclosure, shall be made
free and clear of the provisions of ' paragraph 25, and the
purchaser, or grantee under such deed in lieu of foreclosure,
of such Condominium Unit shall be thereupon and thereafter
subject to the provisions of this Declaration. If the purchaser
following such -foreclosure sale, or grantee under deed given
in lieu of such foreclosure, shall be the then holder of the
first mortgage, or its nominee, the said holder or nominee may
thereafter sell and convey the Condominium Unit free and clear
of the provisions of paragraph 25, but its grantee shall
thereupon and thereafter be subject to all of the provisions
thereof.
The following transfers are also exempt from the
provisions of paragraph 25:
(a) Transfer by operation of law of a decease(3
joint tenant's interest to the surviving joint
tenants(s);
(b) Transfer of a deceased's interest to a
devisee of devisees by will or his heirs at Law
under intestacy laws;
(c) Transfer of all or any part of a partner's
interest as a result of withdrawal, death or otherwise,
to the remaining partners carrying on tiit3 partnership
business and/or bona fide transfers to a person or
persons becoming partners;. a transfer of all or part
of a partner's or partners' interests between one or
more partners and/or to persons becoming partners'
,ly
(d) Transfer of a corporation's interest to
the persons formerly owning the stock of the corporatier
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as a result of a dissolution. A transfer to the
resulting entity following a corporate mcrgor or
consolidation; provided, however, that at least
fifty percent of the stock of the resulting eni.ity
is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(e) Tranfer by gift;
(f) A transfer between joint or co -tenants for
any reason.
27. CERTIFICATE OF COMPLIANCE RIGHT OF FTRST_'�EFUSAL.
Upon written request of any prospective tr:_iiisferee, L3urcliaser
or an existing or prospective mortgagee of any Condo,iiinium
Unit, the Owner of the other Unit shall forthwith, o,: where
time is specified, at the end of the time, issue a written and
acknowledged certificate in recordable form, evidencing:
(a) With respect to a proposed lease or sale
under paragraph 25 that proper notice was given by
the selling Owner and that the other Owner did not
elect to exercise his option to purchase or lease;
(b) With respect to a deed to a first "Mortgagee
or its nominee in lieu of foreclosure, and a doed
from such first Mortgagee or its nominee, pursuant
to paragraph 26, that the deeds were in :fact given
in lieu of foreclosure and were not subject to the
provisions of paragraph 25;
(c) With respect to any contemplated transfer
which is not in fact a sale--er lease, that the
transfer will not be subject to the provisions of
paragraph 25.
Such a certificate shall be conclusive evidence of
the facts contained therein.
28. PERSONAL PROPERTY FOR COMMON.USE. Any Owner
may, with the consent of both Owners, acquire and hold for the
use and benefit of all the Condominium Owners, real, 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 owned by the Condominium Owners in the same
proportion as their respective interests in the General Common
Elements and shall not be transferable except with a transfer
to the transferee of wonership of the transeror's beneficial
interest in a condominium unit, and no reference to such
personal property need be made in order to transfer it in
connection with the transfer of a unit. Each Owner ,n.3y use
such property in accordance with -the purpose for which it is
intended,'without hindering or encroaching upon the lawful
rights of the other Owners. The transfer of title to a Condominii
Unit under foreclosure shall entitle the purchaser to the
beneficial interest in.such personal property associated with
the foreclosed Condominium Unit.
29. MAILING OF NOTICES. Each Owner shall register
his mailing address with the other Owner and all notices of
demands intended to be served upon any Owner Shall be sent by
either registered or certified mail, postage prepaid, addressed
in the name of the Owner at such registered mailing address.
All notice or demands intended to be served upon the Owners
shall be given by registered or certified mail, postage prepaid,
im
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to the registered address thereof. All notices or demands to
be served on Mortgagees pursuant hereto shall be sent by
either registered or certified mail, postage prepaid, addressed
in the name of the Mortgagee at such address as the Mortgagee
-:.y have furnished to the Owner or Managing Agent in writing.
Unless the Mortgagee so furnishes such address, the mortgagee
shall be entitled to receive none of the notices proviclod for
in this Declaration. Any notice refer-.rc-d to in t?zis Section
shall be deemed given when deposited in the United States mail
in the form provided for in this Section.
30. PERIOD OF CONDOMINIUM OWNERSHIP. The separate
condominium estates created by thy, Declaratton and the flap
shall continue until this Declaration is revoked in the manner
and as is provided in paragraph 13 of this Declaration.
31. GENERAL.
(a) If any of the provisions of this Declaration
or any paragraph, sentence, clause, phrase or work
or the application thereof in any circumstances be
invalidated, such invalidity shall not affect the
validity of the remainder of this Declaration.
(b) The provisions of this Declaration shall
be in addition and supplemental to the Condominium
Ownership Act of the State of Colorado and to all
other provisions of law.'
(c) Whenever used herein, unless the context
shall otherwise provide, the singular number shall
include the plural, the plural the "singular, and the
use of any gender shall include all genders.
(d) Wherever herein written responses or
statements shall be.required to be inade by an owner,
failure by such owner to so make and deliver the
same -shall give rise to the right of the other owner
to threaten to apply and/or to apply to a court of
competent jurisdiction to order the same, and -in the
event of such threat or application, the party
threatening to and/or'applying for such order shall
be entitled to recover his costs, including reasonable
attorney's fees in processing and prosecuting such
application or threatening to so do.
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IN WIT;'ESS WHEREOF, Declarants have duly csecuted
this Declaration this day of , 1981.
Declarants:
John E. R i.sh(Tr
Pamela D. Fisher "
Ralph P. mellville
Marian H. �4ellvlle
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this _ day of _ _, 1981_. by John E.
Fisher., Pamela D. Fisher, Ralph P'. Mellville and Marian H.
Mellville.
WITNESS my hand and officia-1 seal.
My commission expires:
Notary P�iblic
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• •
LAW OFFICES
OATES, HUGHES & KNELEVICH
PROFESSIONAL CORPORATION
SUITE 200
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH QUINN
Mr. Sunny Vann
Planning Director
Planning Department
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Sunny:
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
September 14, 1981
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER: 9201121
HAND DELIVERED
Re: Mr.& Mrs. John A. Fisher and
Mr.& Mrs. Ralph E. Melville;
Lot 6 Sunny Park North (a condominium)
I have enclosed herewith a Condominium Plat and a
Condominium Declaration for the proposed Sunny Park North Sub-
division. As you and I discussed on the telephone this same
subject property was the subject matter of the Fisher mandatory
P.U.D. exemption approved by the City pursuant to agreement
dated October 17, 1980. We are asking by this letter and the
documents contained herewith that a subdivision exemption be
approved for the subject property to accomodate a single family
residence of the Fishers and Melvilles for their personal use.
I am submitting the application through you only because we
discussed it on the telephone and I am aware that you will dele-
gate it to someone in the planning office other than yourself.
Also enclosed is a check in the amount of $50.00
pursuant to section 20-20(c) of the Municipal Code of the City
of Aspen.
Please contact me with any additional requirements
for this exemption application. I will provide the additional
information immediately.
Very truly yours,
OATES, HUGHES & KNEZEVICH
By
Leonard M. Oates
LMO/gms
Enclosures
cc: John A. Fisher
CONDOMINIUM DECLARATION
LOT 6 SUNNY PARK NORTH
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, JOHN E. FISHER, PAMELA D. FISHER, RALPH P.
MELVILLE and MARIAN H. MELVILLE, hereafter collectively called
the "Declarants" are the owners of the following described
real property situate in the County of Pitkin, State of Colorado:
Lot 6, Sunny Park North, accordint to the
recorded plat thereof
WHEREAS, Declarants desire to establish a condominium
project under the condominium Ownership Act of the State of
Colorado; and
WHEREAS, Declarants have constructed a building and
other improvements appurtenant thereto on the above -described
property which shall consist of two (2) separately designated
single family residential condominium apartment Units; and
WHEREAS, Declarants do hereby establish a plan for
the ownership in fee simple of real property estates consisting
of the area or air space contained in each of the Condominium
Units in the building improvement, and the co -ownership by the
individual and separate owners thereof, as tenants in common,
of all of the remaining real property hereinafter defined and
referred to as the Common Elements;
NOW THEREFORE, Declarants do hereby publish and
declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations
shall be deemed to run with the land, shall be a burden and a
benefit to Declarants, Declarants' heirs, personal represent-
atives, grantees and assigns and any persons acquiring or
owning an interest in the real property and improvements,
their respective grantees, successors, heirs, executors,
administrators, devisees or assigns.
1. DEFINITIONS. Unless the content shall expressly
provide otherwise, the following definitions shall apply:
(a) "Apartment" or "Unit" means an individual
air space which is contained within the unfinished
interior surfaces of the perimeter walss, floors,
ceilings, windows and decors of the Dwelling Units
in the building as shown on the Map and any amended
Map to be filed for record, together with all fixtures
and improvements therein contained but not including
any of the structural components of the building, if
any, within a unit, and including garage area as
constructed, if any.
(b) "Condominium Unit" means an apartment or
unit together with the undivided interest in the
General and Limited Common Elements appurtenant to
such apartment or unit.
(c) "Owner" means a person, firm, corporation,
partnership, association or other legal entity, or
any combination thereof, owning one or more Condominium
1
units; the term "Owner" shall not refer to any
Mortgagee, as herein defined, unless such Mortgagee
has acquired title pursuant to foreclosure or any
proceeding in lieu of foreclosure.
(d) "Mortgage" means any mortgage, deed of
trust, or other security instrument by which a
condominium unit or any part thereof is encumbered.
(e) "Mortgagee" means any person named as the
mortgagee or beneficiary under any mortgage, trust
deed or creditor under any other security instrument
which encumbers the interest of any Owner.
(f) "Common Elements" means:
(1) The land upon which the building is
located.
(2) The foundation, columns, girders,
beams, supports, main walls, roofs, crawlspaces,
exterior building surfaces and any "party wall" as
shown on the Map.
(3) The installations, if any, consisting
of the equipment and materials making up the central
services such as tanks, pumps, motors, fans, compressorif
ducts, power, sewer, light, gas, hot and cold water,
heating, ventilating and air conditioning and, in
general, all apparatus and installations existing
for common use;
(4) Such partly or entirely enclosed air
spaces as are provided for common use;
(5) All other parts of the Property
necessary or convenient to its existence, maintenance
and safety or normally in common use.
(g) "General Common Elements" means those
parts of the Common Elements which are not designated
as "Limited Common Elements."
(h) "Limited Common Elements" means those
parts of the Common Elements reserved for the exclusive
use of the Owners of less than all of the Condominium
Units in the building. The surface and airspace
above the portions of the ground designated "Exclusive
Use Area" for the respective Units are Limited
Common Elements.
(i) "Entire Premises", "Premises", "Project"
or "Property" means and includes the land, the
building, all improvements and structures thereon,
and all rights, easements and appurtenances belonging
thereto.
(j) "Common Expenses" means and includes:
(1) All sums lawfully assessed against
the General Common Elements;
(2) Expenses of administration and managemen ,
maintenance, repair or replacement of the General
Common Elements;
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•
0
(3) Expenses declared common expense3 by
the Unit Owners.
(k) "Map" means the Condominium Map referred
to in paragraph 2 below.
(1) "Building" means the building improvement
comprising a part of the property.
2. CONDOM_INI_UM NAP. Declarants shall cause to be
filed for record a Map. The Asap shall depict and show at
least the following: The legal description of the land and a
building; the perimeter boundary of each Unit; the Unit numbers
or other designation. The i'.ap shall contain the certificate
of a registered Colorado land surveyor certifying that the flap
substantially depicts the layout, measurements and location of
the Building, the Units, the Unit designations, the dimensions
of such Units and that the ;,lap was prepared subsequent to
substantial completion of the improvements depicted.
In interpreting the Condominium Map the existing
physical boundaries of each Unit as constructed shall be
conclusively presumed to be its boundaries.
3. DIVISION OF -PROPERTY _INTO CONDOMINIUM UNITS_.
The real property is hereby divided into two (2) separate fee
simple estates, each such estate consisting of the separately
designated units and undivided one-half (1/2) interest in and
to the general common elements. Each such unit shall be
identified on the Map by letter, one Unit designated as Unit
A, and the other as Unit B.
4. LIMITED COMMON ELEMENTS. A portion of the
General Common Elements is set aside a-nd reserved for the
exclusive use of the Owners of each Unit respectively, such
areas being the Limited Common Ele,,ients.
The Limited Common Elements reserved for the exclusive
use of the individual Owners shall be identified on the Map,
and shall, without further reference, be the Limited Common
Elements associated and used with the Apartment Unit to which
each such element is assigned on the Map. All Limited Common
Elements shall be used in connection with the particular
Apartment Unit to which it is assigned on the Map, to the
exclusion of the use thereof by the Owner(s) of other Unit
except by invitation. All of the owners of the two (2) condo-
miniums units in this condominium project shall have a non-
exclusive right in common with all of the other owners to use
of sidewalks, pathways, and driveways located within the
entire condominium project, if any. No reference thereto,
whether such limited common elements are exclusive or non-
exclusive, need be made in any deed, instrument of conveyance,
or other instrument, and reference is made to the provisions
of paragraph 6 of this Declaration.
5. INSEPARABILITY OF A UNIT. Each Unit and the
undivided interest in the General Common Elements and the
Limited Common Elements, if any, appurtenant thereto shall be
inseparable and non-partitionable and may be conveyed, leased,
encumbered, devised or inherited only as a Condominium Unit.
6. METHOD OF DESCRIPTION. Every contract for the
sale of a condominium unit and every other instrument affecting
-3-
title to a condominium unit unit may describe that condominium
unit by the unit number shown on the Condominium Map appearing
in the records of the County Clerk and Recorder of Pitkin
County, Colorado, in the following fashion:
Condominium Unit , Lot 6 Sunny Park North
Condominiums (a Condominium) according to the
Condominium Map appearing in the records of
the County Clerk and Recorder of Pitkin County,
Colorado, in Book , at Page
Such description will be construed to describe the unit,
together with the appurtenant undivided interest in the common
elements, and to incorporate all the rights incident to ownership
of a condominium unit and all the limitations on such ownership
as described in this Declaration.
7. SEPARATE ASSESSMENT AND TAXATION -NOTICE TO
ASSESSOR. Declarant shall give written notice to the Assessor
of Pitkin County, Colorado, of the creation of condominium
ownership of this property, as is provided by law, so that
each Condominium Unit and the interests appurtenant thereto
shall be deemed a separate parcel and subject to separate
assessments and taxation. In the event that for a period of
time any taxes or assessments are not separately assessed to
each unit owner, but are assessed on the property as a whole,
then each unit owner shall pay his proportionate share thereof
in accordance with his percentage ownership of the general
common elements.
8. TITLE. A Condominium Unit may be held and
owned by more than one person as joint tenants, as tenants in
common, by any legal entity, or in any real property tenancy
relationship recognized under the laws of Colorado.
9. NONPARTITIONABILITY OF GENERAL COMMON ELEMENTS.
The General Common Elements shall be owned in common by all of
the Owners of the Apartment Units and shall .remain undivided,
and no Owner shall bring any action for physical partition or
division of the General Common Elements. Nothing contained
herein shall be construed as a limitation of the right of
equitable partition of a Condominium Unit between the Owners
thereof, but such partition shall not affect any other Condomini
Unit.
10. USE OF UNITS; GENERAL AND LIMITED COMMON ELEMENTS.
Each Owner shall be entitled to exclusive ownership and possessio
of his Apartment. Each Owner may use the General and Limited
Common Elements in accordance with the purpose for which they
are intended, without hindering or encroaching upon the lawful
rights of the other Owner(s).
11. USE AND OCCUPANCY_. Each Condominium Unit shall
be used and occupied solely for, except as the owners might
otherwise agree, residential purposes only, and except as
provided in this paragraph, no trade or business of any kind
may be carried on therein. Subject to applicable governmental
land use regulations, lease or rental of a Condominium Unit
for lodging or residential purposes shall not be considered to
be a violation of this covenant. Other than non -exotic household
pets, and except as the owners might otherwise agree, pets
shall not be permitted within the units or upon the common
elements.
-4-
12. EASEMENTS FOR ENCROACHMENTS. If any portion of
the General Common Elements now or hereafter encroaches upon
an Apartment, a valid easement for the encroachment and for
the maintenance of same, so long as it stands, shall and does
exist. If any portion of an Apartment now or hereafter encroache!
upon the General Common Elements or upon the other Apartment,
a valid easement for the encroachment and for the maintenance
of same, so long as it stands, shall and does exist. For
title or other purposes, such encroachment and easements shall
not be considered or determined to be encumbrances either on
the General Common Elements or the Apartments. The foregoing
shall apply, as well, in the event of the partial or total
destruction of the building, either of the units or other
improvements comprising all or a part of the general common
elements and the subsequent rebuilding or reconstruction
thereof.
13. TERMINATION OF MECHANIC'S LIEN RIGHTS AND
INDEMNIFICATION. No labor performed or materials furnished
and incorporated in an Apartment with the consent or at the
request of the Owner thereof, or his agent or his contractor
or subcontractor shall be the basis for filing of a lien
against the Apartment of any other Owner not expressly consenting
to or requesting the same, or against the General Common
Elements owned by such other Owners. Each Owner shall indemnify
and hold harmless each of the other Owners from and against
all liability arising from the claim of any lien against the
Apartment of the other Owner or against the General Common
Elements for construction performed or for labor, materials,
services, or other products incorporated in or otherwise
attributable to the Owner's Apartment at such Owner's request.
Notwithstanding the foregoing, any mortgagee of a condominium
unit who shall become an owner of a condominium unit by deed
in lieu of foreclosure shall not be under any obligation to
indemnify and hold harmless any other owner against liability
for claims arising prior to the date such mortgagee becomes an
owner.
14. ADMINISTRATION AND MANAGEMENT. Each Owner
shall manage his own Unit and share management of the general
common elements co -equally with the other owner. The Common
Elements of the condominium project shall be well maintained
with all necessary repairs made in a timely fashion so that
the common elements are functional for their intended purposes
and are neat, clean, well kept and attractive.
15. RESE_RVATION FOR ACCESS -MAINTENANCE, REPAIR
AND EMERGENCIES. All the owners shall have the irrevocable
right to have access to each Apartment or the Limited Common
Elements appurtenant thereto from time to time during reasonable
hours as may be necessary for the inspection, maintenance,
repair or replacement of any of the General Common Elements
thereon or accessible therefrom or for making emergency repairs
therein necessary to prevent damage to the General or Limited
Common Elements or to another Apartment. The obligation of
maintenance and the consequences of damage therefrom resulting
are set forth in paragraph 16 hereof.
16. OWNERS' MAINTENANCE RESPONSIBILITY. For purposes
of maintenance, repair, alteration and remodeling an owner
shall be responsible for all surfaces (i.e., exterior, interior,
structural and nonstructural) physically serving or connected
with his unit and all utility systems (e.g., pipes, wires
conduits) commencing at the point where any of such systems
depart an area of common usage or an area of usage restricted
-5-
to the other unit and begin in the direction of his unit. All
surfaces jointly serving both units such as common walls, and
all utility systems in any area of common usage shall be
maintained repaired, altered or remodeled jointly by the
owners. Each owner shall indemnify and hold the other forever
harmless from and against any and all loss or damage of whatsoever
nature occasioned in the performance of his respective obligation
of maintenance and repair, or in his failure to perform, and
in the alteration or remodeling of any areas for which he is
responsible as herein provided. No repair, alteration, remodelinc
or maintenance thereof shall modify the appearance or color
scheme of the exterior improvements as they may exist from
time to time by agreement of both of the Owners, without the
written consent of both of the Owners. The right to repair,
alter and remodel shall carry the obligation to replace any
finishing materials removed with similar or other types or
kinds of finishing materials of equal or better quality, and
to maintain the exclusive use area in neat and clean condition.
An Owner shall maintain and keep the .interior, together with
exterior surfaces and other non -interior areas for which he is
responsible as provided above in this paragraph 16, of his own
Unit and the Limited Common Elements appurtenant thereto in
good taste and repair, leaving a neat and attractive appearance,
including the fixtures thereof.
17. COh1PLIANCE WITH PROVISIONS OF DECLARATION.
Each Owner shall comply strictly with the provisions of this
Declaration as the same may be lawfully amended from time to
time. Failure so to comply shall be grounds for an action to
recover sums due and for damages or injunctive relief or both,
maintainable by an aggrieved Owner, or assessable as though
Common Expenses.
18. REVOCATION OR AMENDMENT TO DECLARATION. This
Declaration shall not be revoked nor shall any of the provisions
herein be amended unless the Owners of both Units, and all of
the holders of any recorded first mortgage or deed of trust
covering or affecting any or all Condominium Units consent and
agree to such revocation or amendment by instrument (s) which
shall be duly recorded.
19. ASSESSMENT FOR COMMON EXPENSES. All Owners
shall be obligated to pay the assessments imposed by the
Declaration by the Owners to meet the Common Expenses which
shall be necessary to keep the project in good and attractive
condition. Except for insurance premiums, the assessments
shall be made pro rata according to each Owner's undivided
interest in and to the General Common Elements. Assessments
for insurance premiums shall be based upon that proportion of
the total premiums that the insurance carried on a Condominium
Unit bears to total coverage. Assessments for the estimated
Common Expenses, including insurance, shall be due monthly in
advance on the first day of each month. The Owner incurring
the cost shall prepare and deliver or mail to the other Owner
an itemized monthly statement showing the various estimated or
actual expenses for which the assessments are made. Contribution
for monthly assessments shall be prorated if the ownership of
a Condominium Unit commences on a day other than the first day
of a month.
Assessments for the reasonable actual common expenses
may be made, by an Owner incurring the same, among other
things, for the following: of taxes and special assessments,
until separately assessed; fire insurance with extended coverage
and vandalism and malicious mischief insurance with endorsements
attached issued in the amount of the maximum replacement value
of both of the Condominium Units; casualty and public liability
and other insurance premiums; landscaping and care of grounds
which are general common elements common lighting; repairs and
renovations; garbage collection fees; management fees; expenses
and liabilities incurred by any Owner under or by reason of
this Declaration; the payment of any deficit remaining from a
previous period, as well as other costs and expenses relating
to the General Common Elements. The omission or failure of
the Owners to fix the assessment for any month shall not be
deemed a waiver, modification or a release of the Owners from
their obligation to pay. No improvements shall be made to the
common elements without the consent of both of the Owners.
20. INSURANCE. The Owners shall obtain and maintain
at all.times insurance of the type and kind provided hereinabove,
and including for such other risks, of a similar or dissimilar
nature, as are or shall hereafter customarily be covered with
respect to other Apartment or Condominium Buildings, fixtures,
equipment and personal property similar in construction,
design and use to the Project, issued by responsible insurance
companies authorized to do business in the State of Colorado,
and as shall be satisfactory to all holders of first mortgages
and first trust deeds encumbering the units. The insurance
shall be carried in blanket policy form naming the Owners as
the insureds, which policy or policies shall identify the
interest of each Condominium Unit Owner (Owner's name, unit
designation, the appurtenant undivided interest in the General
Common Elements), and which shall provide forms, standard,
noncontributory Mortgagee clause in favor of each first Mortgagee
and shall further provide that it cannot be cancelled by
either the insured or the insurance company until after ten
days' prior written notice to each First Mortgagee. The
Owners, upon request of any first Mortgagee, shall furnish a
certified copy of such blanket policy and the seperate certificat
indentifying the interest of the mortgager.
All policies of insurance shall provide that the
insurance thereunder shall be invalidated or suspended only in
respect to the interest of any particular Owner guilty of a
breach of warranty, act, omission, negligence or noncompliance
with any provisions of such policy, including non-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, but the insurance under any such policy, as
to the interests of all other insured Owners not guilty of any
such act or omission, shall not be invalidated or suspended
and shall remain in full force and effect. Unless the Owners
otherwise agree, determination of maximum replacement value of
both Condominium Units for insurance purposes shall be made
annually by one or more written insurance appraisals, copies
of which shall be furnished forthwith to each Mortgagee of a
Condominium Unit. In addition, each Owner shall be notified
of such appraisals.
Insurance Coverage on the furnishings, additions and
improvements incorporated into a Unit and all items of personal
property belonging to an Owner and casualty and public liability
insurance coverage within each individual Unit shall be the
responsibility of the Owner thereof.
-7-
•
21. OWNERS' PERSONAL OBLICATION FOR PAYMENT OF
ASSESSMENTS. The amount of the Common Expenses assessed
against or incurred on account of each Condominium Unit shall
be the personal and individual debt of the Owner thereof.
Suit to recover a money judgment for unpaid common expenses
shall be maintainable by any aggrieved Owner without foreclosure
or waiving the lien securing same. No Owner may exempt himself
from liability for his contributuion towards the Common Expenses
by Waiver of the use or enjoyment of any of the Common Elements
or by abandonment of his Unit.
22. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All
sums due but unpaid for the share of Common Expense chargeable
to any Condominium Unit, including interest thereon at eighteen
(18%) percent per annum, shall constitute a lien on such unit
superior (prior) to all other liens and encumbrances except:
(a) Tax and special assessment liens on the
Unit in favor of any governmental assessing entity;
and
(b) All sums unpaid on a first mortgage or
first deed of trust of record, including all unpaid
obligatory sums as may be provided by such encumbrance,
including additional advances, refinancing or
extension of these obligations made thereon prior to
the arising of such a lien.
To evidence such lien the aggrieved Owner may, but
shall not be required to, prepare a written notice setting
forth the amount of such unpaid indebtedness, the name of the
defaulting Owner of the Condominium Unit and a description of
the Condominium Unit. Such a notice shall be signed by the
aggrieved Owner, and may be recorded i_n the office of the
Clerk and Recorder of the County of Pitkin, State of Colorado.
Such lien for the Common Expenses shall attach from the date
of the failure of payment of the debt, and may be enforced by
foreclosure on the defaulting Owner's Condominium Unit by the
aggrieved Owner in like manner as a mortgage or deed of trust
on real property upon recording of a notice or claim thereof.
In any such foreclosure the defaulting Owner shall be required
to pay the costs and expenses of such proceedings, the costs
and expenses for filing the notice or claim of lien and all
reasonable attorney's fees incurred in enforecement of the
lien claim. The defaulting Owner shall also be required to
pay the the foreclosing party a reasonable rental for the
Condominium Unit during the period of foreclosure, and the
foreclosing party shall be entitled to a receiver to collect
the same. The foreclosing party shall have the power to bid
in the Condominium Unit at foreclosure sale and to acquire and
hold, lease, mortgage and convey same.
The amount of the Common Expenses chargeable against
each Condominium Unit and the costs and expenses, including
attorneys' fees, of collecting the same shall also he a debt
of the Owner thereof at the time the same is due. Suit to
recover a money judgment for unpaid Common Expenses shall be
maintainable without foreclosing or waiving the lien securing
same.
Any mortgagee holding a lien on a condominium Unit
may pay any unpaid Common Expense payable with respect to such
Unit, and upon such payment such mortgagee shall have a lien
on such Unit for the amounts paid of the same priority as the
lien of his encumbrance.
am
23. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOMINIUM UNIT. Upon the written request of any Owner or of
any Mortgagee or prospective Mortgagee of a Condominium Unit,
the Owner of the other Unit shall issue a written statement of
facts known to his, expressly or constructively, setting forth
the amount of the unpaid Common Expenses, if any, with respect
to the subject Unit, the amount of the current monthly assessment
and the date such assessment becomes due, credit for advance
payments or for prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer
of such statement in favor of all persons who rely thereon in
good faith. Unless such request for a statement of indebtedness
is furnished within ten (10) days, all unpaid Common Expenses
which become due prior to the date of making such request
shall be subordinate to the lien of the mortgagee requesting
such statement.
The grantee of a Unit shall be jointly and severally
liable with the grantor for all unpaid assessments against the
latter for his proportionate shares of the Common Expenses up
to the time of the grant or conveyance, without prejudice to
the grantee's right to recover from the grantor the amounts
paid by the grantee therefor; provided however, that upon
written request, any prospective grantee shall be entitled to
a statement from the Owners of the other Unit of facts known
to him, expressly or constructively, setting forth the amount
of the unpaid assessments, if any, with respect to the subject
Unit, this amount of the current monthly assessment and the
date that such assessment becomes due, credit for advanced
payments or for prepaid items, including but not limited to
insurance premiums, which shall be conclusive upon the issuer
of such statements. Unless such request for a statement of
indebtedness shall be complied with within ten days of such
request, then such grantee shall not be liable for, nor shall
the Unit conveyed be subject to a lien for, any unpaid assessment!
against the subject Unit.
24. MORTGAGING A CONDOMINIUM UNIT -PRIORITY. Any
Owner shall have the right from time to time to mortgage or
encumber his interest by deed of trust, mortgage or other
security instrument. A first mortgage shall be one which has
first and paramount priority under applicable law. The Owner
of a Condominium Unit may create junior mortgages on the
following conditions: (1) any such junior mortgages shall
always be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for common
expenses, and other obligations created by this Declaration;
(2) the Mortgagee under any junior mortgage shall release, for
the purpose of restoration of any improvements upon the mortgaged
premises, all of his right, title and interest in and to the
proceeds under all insurance policies upon said premises which
insurance policies were effected and placed upon the mortgaged
premises by the other Owner. Such release shall be furnished
forthwith by a junior mortgagee upon written request of the
Owner or either of them.
25. RIGHT OF FIRST REFUSAL BY OWNERS. In the event
any Owner of a Condominium Unit, shall wish to sell and shall
have received a bona fide offer therefor from a prospective
purchaser, excluding an offer from the Owner, the selling
Owner shall give written notice thereof to the remaining Owner
together with a copy of such offer and the terms thereof. The
remaining Owner shall have the right to purchase the subject
unit upon the same terms and conditions as set forth in the
offer therefor, provided written notice of such election to
ME
purchase is given to the selling Owner, or his agent, together
with a matching down payment or deposit during the twenty (20)
day period immediately following the receipt of the notice of
the offer to purchase.
In the event any Owner shall attempt to sell his
Condominium Unit without affording to the other Owner the
right of first refusal herein provided, such sale or lease
shall be voidable and may be voided by a certificate of noncom-
pliance of the aggrieved Owner duly recorded in the recording
office where the Declaration is recorded.
However, in the event the aggrieved Owner has not
recorded such a certificate of noncompliance within one year
from the date of recording in the case of a deed delivered in
violation of this paragraph, such a conveyance shall be conclusi
deemed to have been made in compliance with the paragraph and
no longer voidable.
In no case shall the right of first refusal reserved
herein affect the right of an Owner to subject his Condominium
Unit to a trust deed, mortgage or other security instrument.
The right of first refusal, provided herein, shall
extend and run for the lives of the declarants and the survivor
of them, plus twenty-one years.
26. EXEMPTION FROM RIGHT OF FIRST REFUSAL. In the
event of any default on the part of any Owner under any first
mortgage which entitles the holder thereof to foreclose same,
any sale under such foreclosure, including delivery of deed to
the first mortgagee in lieu of such foreclosure, shall be made
free and clear of the provisions of paragraph 25, and the
purchaser, or grantee under such deed in lieu of foreclosure,
of such Condominium Unit shall be thereupon and thereafter
subject to the provisions of this Declaration. If the purchaser
following such foreclosure sale, or grantee under deed given
in lieu of such foreclosure, shall be the then holder of the
first mortgage, or its nominee, the said holder or nominee may
thereafter sell and convey the Condominium Unit free and clear
of the provisions of paragraph 25, but its grantee shall
thereupon and thereafter be subject to all of the provisions
thereof.
The following transfers are also exempt from the
provisions of paragraph 25:
(a) Transfer by operation of law of a deceased
joint tenant's interest to the surviving joint
tenants(s);
(b) Transfer of a deceased's interest to a
devisee of devisees by will or his heirs at Law
under intestacy laws;
(c) Transfer of all or any part of a partner's
interest as a result of withdrawal, death or otherwise,
to the remaining partners carrying on the partnership
business and/or bona fide transfers to a person or
persons becoming partners; a transfer of all or part
of a partner's or partners' interests between one or
more partners and/or to persons becoming partners'
(d) Transfer of a corporation's interest to
the persons formerly owning the stock of the corporatioi
ly
-10-
i " * •
as a result of a dissolution. A transfer to the
resulting entity following a corporate merger or
consolidation; provided, however, that at least
fifty percent of the stock of the resulting entity
is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(e) Tranfer by gift;
(f) A transfer between joint or co -tenants for
any reason.
27. CERTIFICATE OF COMPLIANCE RIGHT OF FIRST REFUSAL.
Upon written request of any prospective transferee,'purchaser
or an existing or prospective mortgagee of any Condominium
Unit, the Owner of the other Unit shall forthwith, or where
time is specified, at the end of the time, issue a written and
acknowledged certificate in recordable form, evidencing:
(a) With respect to a proposed lease or sale
under paragraph 25 that proper notice was given by
the selling Owner and that the other Owner did not
elect to exercise his option to purchase or lease;
(b) With respect to a deed to a first Mortgagee
or its nominee in lieu of foreclosure, and a deed
from such first Mortgagee or its nominee, pursuant
to paragraph 26, that the deeds were in fact given
in lieu of foreclosure and were not subject to the
provisions of paragraph 25;
(c) With respect to any contemplated transfer
which is not in fact a sale-Gr lease, that the
transfer will not be subject to the provisions of
paragraph 25.
Such a certificate shall be conclusive evidence of
the facts contained therein.
28. PERSONAL PROPERTY FOR COMMON USE. Any Owner
may, with the consent of both Owners, acquire and hold for the
use and benefit of all the Condominium Owners, real, 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 owned by the Condominium Owners in the same
proportion as their respective interests in the General Common
Elements and shall not be transferable except with a transfer
to the transferee of wonership of the transeror's beneficial
interest in a condominium unit, and no reference to such
personal property need be made in order to transfer it in
connection with the transfer of a unit. 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 the other Owners. The transfer of title to a Condominiu.
Unit under foreclosure shall entitle the purchaser to the
beneficial interest in such personal property associated with
the foreclosed Condominium Unit.
29. MAILING OF NOTICES. Each Owner shall register
his mailing address with the other Owner and all notices of
demands intended to be served upon any Owner shall be sent by
either registered or certified mail, postage prepaid, addressed
in the name of the Owner at such registered mailing address.
All notice or demands intended to be served upon the Owners
shall be given by registered or certified mail, postage prepaid,
n
-11-
0 . 0
to the registered address thereof. All notices or demands to
be served on Mortgagees pursuant hereto shall be sent by
either registered or certified mail, postage prepaid, addressed
in the name of the Mortgagee at such address as the Mortgagee
may have furnished to the Owner or Managing Agent in writing.
Unless the Mortgagee so furnishes such address, the Mortgagee
shall be entitled to receive none of the notices provided for
in this Declaration. Any notice referred to in this Section
shall be deemed given when deposited in the United States mail
in the form provided for in this Section.
30. PERIOD OF CONDOMINIUM OWNERSHIP. The separate
condominium estates created by the Declaration and the Map
shall continue until this Declaration is revoked in the manner
and as is provided in paragraph 18 of this Declaration.
31. GENERAL.
(a) If any of the provisions of this Declaration
or any paragraph, sentence, clause, phrase or work
or the application thereof in any circumstances be
invalidated, such invalidity shall not affect the
validity of the remainder of this Declaration.
(b) The provisions of this Declaration shall
be in addition and supplemental to the Condominium
Ownership Act of the State of Colorado and to all
other provisions of law.
(c) Whenever used herein, unless the context
shall otherwise provide, the singular number shall
include the plural, the plural the singular, and the
use of any gender shall include all genders.
(d) Wherever herein written responses or
statements shall be required to be made by an owner,
failure by such owner to so make and deliver the
same shall give rise to the right of the other owner
to threaten to apply and/or to apply to a court of
competent jurisdiction to order the same, and in the
event of such threat or application, the party
threatening to and/or applying for such order shall
be entitled to recover his costs, including reasonable
attorney's fees in processing and prosecuting such
application or threatening to so do.
0-ra
•
•
IN WITNESS WHEREOF, Declarants have duly executed
this Declaration this day of , 1981.
Declarants:
John E. Fisher
Pamela D. Fisher
Ralph P. Mellville
Marian H. Mellville
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of , 1981. by John E.
Fisher_, Pamela D. Fisher, Ralph P. Mellville and Marian H.
Mellville.
WITNESS my hand and official seal.
My commission expires:
Notary Public
-13-
ASPEN*PITKIr?REGIONAL BUILD&G DEPARTMENT
MEMORANDUM
TO: Alice Davis
Planning Office
FROM: Stan Stevens
Building Department
RE: Fisher/Melville S/D Exception (Condominization)
DATE: September 24, 1981
The above duplex is a new structure and is in Building Code
compliance.
If you have any further questions, please let me know.
SS:ar
506 East Main Street Aspen, Colorado 81611 303/925-5973
MEMORANDUM
T0: Paul Taddune, City Attorney
City Engineering Department
- Fire Marshal/Building Department
FROM: Audrey Storbeck/for Alice Davis, Planning Office
RE: Fisher/Melville Subdivision Exception (Condomi;niumizati:on)
DATE: September 16, 1981
Attached is an application submitted by Mr. and Mrs. John A Fisher and Mr. and
Mrs. Ralph E. Melville requesting subdivision exception for the purpose of
condominiumizing of a duplex. The property concerned is Lot 6 of Sunny Park
North in Aspen. This item is tentatively being scheduled for the October 20,
1981 City Planning and Zoning Commission meeting; therefore, please review
and return any comments to me by Friday, October 2.
Thanks for your assistance.
Ll
J
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
DATE: September 25, 1981
TO: Audrey Storbec�
FROM: Paul Taddune
SEP �.
ASPEN / PF KIN CU.
PLANNING OFFICE
RE: Fisher/Melville Subdivision Exception
(Condominiumization)
Although Mr. Oates refers to an application for subdivi-
sion exemption, the application should more
appropri-ately ne construed as request for subdivision "excep-
tion" pursuant to Section 20-19. This should be clari-
fied with Mr. Oates.
Additionally, the applicant „gust demonstrate compliance
with Section 20-22 of the Municipal Code.
PJT:mc
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION �.:'�: '-•i. +�'
SUITE 200
600 EAST HOPKINS AVENUE { !1 31g81
LEONARD M.OATES ASPEN, COLORADO 81611 11{t 40
ROBERT W. HUGHES pp"'"'-,��((��� JJ
RICHARD A. KNEZEVICH •ASPEN /ARi�t6UdEg01
DEBORAH OUINN October 31, 1981 PLANTVq01@*WaE700
TELECOPIER: 9201121
Alice Davis
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Fisher/Melville - Lot 6, Sunny Park North
Condominiumization
Dear Alice:
I am in receipt of a copy of a Planning Office
memorandum to the Aspen Planning & Zoning Commission dated
October 14, 1981. You are advised that my clients find the
conditions contained therein acceptable. The plat is in the
process of being redrawn to reflect compliance with the
Engineering Department's requirements. We would like to handle
the matter of the 6 month rental restriction and agreement to
join special improvement districts in the deeds of conveyance
to be made by the parties of the respective condominium units
as soon as the plat is approved and recorded. These restrictions
will be in the form of deed restrictions which will be covenants
running with the land.
Very truly yours,
OATES, HUGHES & KNEZEVICH, P.C.
'y -O�L-
Leonard M. Oates
LMO/jlw
cc: John Fisher
A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
October 20, 1981 - Tuesday
5:00 P.M.
CITY COUNCIL CHAMBERS
Regular Meeting
I, COMMISSIONERS' COMMENTS
II. MINUTES
III. PUBLIC HEARINGS
A, Request for Rezoning from Ll to CL - Cantrup Proposal
B. U.S. Forest Service Rezoning Proposal -- Specially Planned Area (SPA)
C. Proposed Code Amendment - Commercial GMP Small Projects Exception
IV. NEW BUSINESS
A. Fisher/Melville Subdivision Exception (_Condomini,umization)
V. RESOLUTIONS
A. Golf Course Properties Subdivision - Conceptual Submission
MEMORANDUM
TO: Planners
FROM: Audrey
RE: City and County P & Z Agendas
DATE: October 8, 1981
City P & Z - October 20, 1981
PH - Cantrup Rezoning - AR
Fisher/Melville Subdivision Exception (Condo) - AD
PH - Proposed Code Amendment - Commercial GMP Small Projects Exception - AR
PH - Rezoning Forest Service Property to SPA - AR
Resolution: Golf Course Properties Subd. - Conceptual Submission - AR
THESE ITEMS ARE DUE WEDNESDAY SOMETIME. REMEMBER MO NDAY IS A HOLIDAY.
THANKS.
County P & Z - October 21, 1981
Aspen River Valley Ranch, Lot 1, Subd.- Detailed Review - RG
Midstate Motors - Special Review - CP
Cronin Associates Subd. (Lot Split) - General Submission - CP
Temporary Uses - Code Amendment - RG
Resolution: Code Amendment - Employee Dwelling Unit Regulation - RG
THESE ITEMS ARE DUE WED. P.M. OR THURSDAY A..M, THANKS!!!!!!!!!!!!!!!
AGENDA
ASPEN PLANNING AND ZONING COMMISSION
October 20, 1981 - Tuesday
5:00 P.M.
CITY COUNCIL CHAMBERS
Regular Meeting
I, COMMISSIONERS' COMMENTS
II. MINUTES
III. PUBLIC HEARINGS
A, Request for Rezoning from Ll to CL - Cantrup Proposal
B. U,S. Forest Service Rezoning Proposal -- Specially Planned Area (SPA)
C. Proposed Code Amendment - Commercial GMP Small Projects Exception
IV. NEW BUSINESS
A. Fisher/Melville Subdivision Exception (,Cpndomini.umization)
V. RESOLUTIONS
A. Golf Course Properties Subdivision - Conceptual Submission
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Fisher/Melville Subdivision Exception (Condominiumization)
DATE: October 14, 1981
Zoning: R-15 Residential/Mandatory PUD
Location: Lot 6, Sunny Park North; 205 Park Circle
Lot Size: Approximately 22,667 square feet
Applicant's
Request: The applicant is requesting an exception from full subdivision
requirements for the purpose of condominiumizing a duplex that
currently exists on the subject parcel.
Referral
Agency Comments:
Engi1neerin Department
Having reviewed the application and made a site inspection,
the Engineering Department made the following comments:
1. The condominium plat should be revised to include the
following:
a) Surveyor's seal
b) Location of small shed
c) Parking on -site at one space per bedroom
2, The applicant should be required to join a sidewalk,
curb and gutter improvement district in the event one is
formed and be required to do so through deed restrictions.
City Attorney
As cleared with the applicant, the City Attorney clarified
that this application is for a subdivision exception as opposed
to a subdivision exemption referred to by the applicant. The
City Attorney further stipulated that prior to approval of this
application, the applicant should demonstrate compliance with
Section 20-22 of the Code. The applicant has provided -infor-
mation indicating the duplex.on-the subject parcel is a new
structure and has only recently been occupied by the owners,
Therefore, the structure does not fall within the employee
housing concerns of this section. The approval of the applica-
tion should, however, be conditioned by Section 20-22(b)
stating the following:
"All units shall be restricted to six month minimum leases
with no more than two shorter tenancies per year."
Building Department
After inspection of the subject property, the Building Depart-
ment found the duplex to be a new structure in full compliance
with the Building Code.
• i •
Memo: Fisher/Melville Subdivision Exception (Condominiumization)
Page Two
October 14, 1981
Planning Office
Review: The Planning Office review of the application shows the subject
parcel received Planning and Zoning Commission approval for
exemption from mandatory PUD requirements. October 7, 1980 before
construction of the duplex.
Planning Office
Recommendation: The Planning Office recommends approval of the request for
subdivision exception for the purpose of condominiumization
subject to the following conditions:
1. The condominium plat be revised and resubmitted in order
to comply with the recommendations of the Engineering
Department as stated in the memorandum of October 5, 1981,
prior to final recording of the plat; and
2. The applicant agreeing that the units shall be restricted
to six month minimum leases with no more than two shorter
tenancies per year.
• ASPEN/PITKIN PLANNING OFFICE •
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 — 63711 09009 — 00000
Subdivision/PUD
63712
Special Review
63713
P&Z Review Only
63714
Detailed Review
63715
Final Plat
63716
Special Approval
63717
Specially Assigned
City
00100 — 63721
09009 — 00000 Conceptual Application
63722
Preliminary Application
63723
Final Application
63724
Exemption
63725
Rezoning
63726
Conditional Use
PLANNING OFFICE SALES
00100 — 63061 09009 — 00000
63062
63063
Name: -
Address: --
Check No. —
Receipt No. P
County Land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project: '[�h L� l v
Phone:
Date: l
CONDOMINIUM MAP OF
LOT 6 SUNNY PARK NORTH (A COND
AN EX15TING DUPLEX LOCATED ENTIRELY ON LOT 6
SUNNY PARK NORTH SUBDIVISION, ASPEN, PITKIN
COUNTY, COLORADO
Q 2 PARKING SPACES
L.C.E. NORTH ( UNIT NOTE: EACI4 UNIT CONTAINS
I`/0,52, ) 2 PARKING SPACES A I CAR GARAGE
CD \2/\ L.C.E. SOUTH UNIT
N ON, I Z/
N NO CAP
�2� \ 36.81' •
DECK 2 STORY
\ : NO 0 D s. \ \ 3 0'
FRAME
16UPLEX 50UTFf
L.C.E. �� 3!• W/WALKOUT
NORTH UNIT �,'� BASEMENT0.
\
a \ cl`
DECK\a
{�' `9�'Z WAT ERA
I,E. 203 GAS MITER
�. SOUTH UN17 `�-
�Oy
ro o.m1.6 +
W / CC"Ah
l CLEAMavT
Q ®�
VYR FR
<� VALVE!
z
LOT 6 ti
C 22, 667 SQ. FT)
G. C. E.
( 5o' )
10
O
UTILITY EASEMENT
BUILDING SETBACK
• _-- • _ 00 • f NO GAP
BASIS OF BEARING
Z ( N 52'00' W IOR'+3, ) HOR,\ S 50'33'05"E
N 14'y2' H��W 2.05'
CONTROL •
FROM COR. It NO CAP
aZFIRE HYDRANT
VICINITY MAP
TRACED FROM ANNEXATION5 MAP
SCALE 1"= 400'
• NO CAP
I
•
I� 918�t
.'_ i
OWNERS' CERTIFICATE
OMINIUM)
JOHN E FISHER, PAMELA D. FISHER,
RALPH P. MELVILLE a MARIAN H. MELVILLEAS OWNER'S. OF LOT 6 SUNNY PARK NORTH SUBDIVISION, CITY OF
ASPEN, COLORADO, HEREBY CERTIFY THAT THIS PLAT OF THE LOT 6 SUNNY PARK NORTH CONDOMINIUM
HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR
SAID CONDOMINIUM DATED THE DAY OF AND RECORDED IN BOOK
AT PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF
STATE OF COLORADO.
JOHN E. FISHER RALPH P. MELVILLE
Qo
STATE OF COLORADO
S.S. PAMELA D. FISHER MARIAN H. MELVILLE
j
CID
COUNTY OF PITKIN
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
O
19_, BY JOHN E. FISHER PAMELA D. FISHER, RALPH P. AM1ELVI 8, MARIAN H_ MFI Vtl
F
Q
CO
O
O
WITNESS MY HAND AND OFFICIAL SEAL
If)
J
MY COMMISSION EXPIRES: NOTARY PUBLIC
N
O
U
N
X
_
J)
DAT E
O
Z
m
w
rn
O
O
co
SURVEYOR'S
CERTI
FICATE
a
SCALE
I INCH = 20 FEET
O 20 60
10 10
LEGEND & NOTES
J FOUND NO. 5 REf3AR W/CAP AS NOTED
O SET NO, 5 REBAR IN/GAP "2876 PESMAN"
-4- SET SPIKE FOR SURVEY CONTROL
_ C E LIMITED COMMON ELEMENT
G.C. E. GENERAL COMMON ELEMENT
CALLS IN ( ) ARE RECORD FROM SUBDIVISION
PLAT OF SUNNY PARK NORTH
SURVEY ORIENTED WITH MONUMENTS FOUND
AS SHOWN
ELEVA71ONS ARE BASED ON A TB.M, OF 79511.6
ON THE NORTH EAST CORNER OF THE PAVED AREA
OF TENNIS COURTS LOCATED WEST OF PROPERTY
FROM THE 1975 ASPEN AERIAL SURVEY BY
COOPED? AERIAL TUCSON, ARIZONA.
ZONING 15 R-I5 PU.D.
3/y" GAS LINE LOCATED ON EAST SIDE OF PARK CIRCLE
BY PHONE FROM ROCKY MOUNTAIN NATURAL GAS.
8" SEWER LINE IS LOCATED IN $ OF PARK CIRCLE
BY ASPEN SANITATION DISTRICT
G" WATER LINE 15 LOCATED IN WEST SIDE OF PARK
CIRCLE BY ASPEN SANITATION DISTRICT.
ELECTRIC SERVED DY TRANSFORMER LOCATED
BEHIND PARK CIRCLE APTS. 13Y PHONE FROIVI
HOLY CROSS ELECTRIC.
I, GERARD 1-I. PESMAN (SURVEY ENGINEERS, INC.), A REGISTERED LAND SURVEYOR, HEREBY CERTIFY
AS FOLLOWS; IN AUGUST, 1981 A SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION, OF LOT 6, SUNNY PARK
NORTH
SUBDIVISION, PITKIN COUNTY, STATE OF COLORADO, AND FOUND THEREON AX TWO STORY WOOD FRAME DUPLEX
LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF SAID DESCRIBED PROPERTY. AS SHOWN ON THIS PLAT OR AS
NOTED(BASED ON THE FIELD EVIDENCE SHOWN AS FOUND). THE LOCATION AND DIMENSIONS OF THE
V
BOUNDARY LINES, BUILDING, AND IMPROVEMENTS, IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY
SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE
HORIZONTAL AND VERTICAL MEASURSEMENTS OF THE BUILDING, THE CONDOMINIUM UNITS THEREIN, THE
UNIT DESIGNATIONS THEREOF, THE DIMENSIONS OF SAID UNITS, AND THE ELEVATIONS OF THE FINISHED
FLOORS AND CEILINGS.
DATE GERARD I-1. PESMArI COLD. REG. PfOF. ENGR. E _Ar1D"SJRVCYOR 2376
STATE OF COLORADO �yL.S, ^'
SS
0000
COUNTY OF PITKIN \n� - Q��
THE FOREGOING SURVEYORS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
Q 1198 1 BY GERARD H. PESMAN
WITNESS MY HAND AND OFF CIAI.1 SEAL
MY COMMISION EXPIRES a'' N A7Y 7L)
IC,
DAT
PLANNING & ZONING APPROVAL
THIS PLAT OF CITY OF ASPEN, WAS APPROVED BY THE C,TY
OF ASPEN PLANNING B ZONING COMMISION THIS --DAY OF--198_.
CHAIRMAN
ASPEN CITY COUNCIL APPROVAL
THIS PLAT OF CITY OF ASPEN, WAS APPROVED BY THE CITY
COUNCIL OF ASPEN THIS DAY OF
ATTEST
CITY CLERK MAYOR
CITY
ENGINEERS
APPROVAL
THIS PLAT
OF
CITY OF ASPEN, WAS APPROVED BY THE CITY
OF ASPEN DEPARTMENT OF ENGINEERING, THIS
--DAY OF __ _, 198_.
CITY ENGINEER
CLERK & RECORDER'S ACCEPTANCE
THIS PLAT OF , CITY OF ASPEN, PITKIN COUNTY, COLORADO
IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF
PITKIN, STATE OF COLORADO, A7 OCLOCK`.M.,THIS DAY OF
IN PLAT BOOK _ AT PAGE ,RECEPTION NO.
CLERK AND RECORDER
INDEX
SHT I CERTIFICATES, VICINITYMAP, SITE PLAN, LEGENDS NOTES
2 ELEVATION VIEWS, FLOOR PLAN
3 FLOOR PLANS
W
z
W
0
W
Q
LJ
Cr
0-
JOB NO.
SHEET i OF3 H129-A
19.3
93.5,
Fl R004l
m
W
N
EL. 7995I
EL, 7986.7
D O
O D
LEGEND
L.C.E. LIMITED COMMON ELEMENT
G.C,E. GENERAL COMMON ELEMENT
I♦ PENOT5 G.G.E. WALL, FLOOR, CEILING, OR ROOF
-- DENOTES CHANGE IN FLOOR OR CEILING ELEVATION
WEST ELEVATION SOUTH ELEVATION
SCALE I11= 51
o ,o
SHEET 2 OF 3
JVP II � G ' -,-I
m
cv
06
N
3 t9'
3`r.9
NORTH UNIT SOUTH UNIT
AREA 953=S4-FT. AREA 953'SOFT.
r: ti r
N
3 ,f. 9
SECOND FLOOR
FIRST FLOOR
LEGEND
L.G. E. LIMITED COMMON ELEMENT
G. C. E. GENERAL COMMON ELEMENT
oR DENOTES G.C.E. WALL, FLOOR, CEILING, OR ROOF
DENOTES CHANGE IN FLOOR OR CEILING ELEVATION
SCALE 1"=5'
o ,o
5
SHEET 3 OF 3
T0B 11129-A