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HomeMy WebLinkAboutcoa.lu.pu.Midland Park Place.A14-96CASTr-OAD SUMMARY SHEET -CITY OF 'SPEN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 2/13/96 2737-074-12-727 CASE # A 14-96 STAFF: Dave Michaelson PROJECT NAME: Midland Pazk Insubstantial Amendment to PUD Project Address: 603 Midland Pazk Place APPLICANT: Louise Brainard Address/Phone: P.O. Box 11354 Aspen, CO 81612 925-5529 REPRESENTATTVE:Same Address/Phone: Same FEES: PLANNING $450 ENGINEER $0 HOUSING $0 ENV HEALTH $0 TOTAL $450 REFERRALS: ^ City Attorney ^ City Engineer ^ Zoning ^ Housing ^ Environmental Health ^ Pazks DATE REFERRED: # APPS RECEIVED 1 # PLATS RECEIVED 1 TYPE OF APPLICATION: Staff Approval ^ Aspen Fire Mazshal ^ City Water ^ City Electric ^ Clean Air Boazd ^ Open Space Boazd ^ Other: INITIALS: ^ CDOT ^ ACSD ^ Holy Cross Electric ^ Rocky Mtn Natural Gas ^ Aspen School District ^ Other: DATE DUE: APPROVAL: Ordinance/Resolution # Staff Approval r Plat Recorded: Date: Date: Book Page CLOSED/FII,ED DATE: ~3~a~ INITIALS: _~ ROUTE TO: MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Suzanne Wolff APPROVED RE: Brainazd/Midland Park Insubstantial PUD Amendment DATE: Mazch 6, 1996 MAR 14 1996 CITY OFASPEN SUMMARY: The applicant proposes an Insubstantial Amendment to the Midland Pazk PUD to enclose the covered storage space in front of her unit and to improve the appearance of the entrance to the unit. APPLICANT: Louise Brainazd LOCATION: 603 Midland Park Place, Unit F-3 ZONING: R/MF PUD BACKGROUND: The Midland Park PUD was approved by Pitkin County and was subsequently annexed to the City of Aspen in 1977. STAFF COMMENTS: Insubstantial PUD Amendment: Section 26.84.080 of the Aspen Municipal Code authorizes the Community Development Director to approve an insubstantial amendment to an approved PUD, if the amendment does not: Change the use or chazacter of the development; Response: The space is and will be used for storage for the owner of unit F-3. The space is recessed below the roof, so the visual impact will remain the same. 2. Increase the overall coverage of structures on the land by more than three percent (3%); Response: The site coverage will remain the same; the space is already covered by the roof, and does not extend beyond the existing building footprint. 3. Substantially increase trip generation rates or the demand for public facilities; Response: The amendment will not increase trip generation rates or demand for public facilities. ....,, ;.~ 4. Reduce the approved open space by more than three percent (3%); Response: The approved open space will not be reduced. 5. Reduce the off-street parking and loading space by more than one percent (1%); Response: Off-street parking will not be reduced. 6. Reduce the required pavement widths or rights-of-way for streets and easements; Response: Not applicable. 7. Increase the approved gross leasable floor area of commercial buildings by more than two percent (2%); Response: Not applicable. 8. Increase the approved residential density of the development by more than one percent (1%); Response: The residential density will not be increased. 9. Create a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Response: The space is described on the recorded plat as a "general common element" of the project and will remain a general common element. Bill Drueding, City Zoning Officer calculated the increase in floor area to be 232.5 square feet. Since the space is a "general common element", this square footage will be deducted from the allowed floor azea remaining for the PUD, and will not affect the floor area of the individual unit. A number of insubstantial amendments were approved by the Planning Director prior to 1988. Staff became concerned with the cumulative impact of these amendments, and in June of 1988 an insubstantial amendment for Unit G-10 was approved by the Planning Director, with a condition that "No future insubstantial amendments to the Midland Park PUD shall be approved by the Planning Office." Staff informed the Homeowners Association that the PUD would need to be amended to address further changes to the PUD. In August of 1988 Doug Graybeal researched the Midland Park project to provide background information in an effort to process an insubstantial amendment. His application was approved by the Planning Director after staff found that there were "no concerns regarding the cumulative impact of past proposals". His research showed that the Midland Park site includes 114,562 square feet. At that time the existing floor area of the units was approximately 32,500 square feet, which is 28% of what was allowed since the maximum floor azea ratio is 1:1. No substantial amendments have been approved since that time, therefore, based on the assumption that the floor area is still approximately 32,500 square feet, the proposed enclosure will increase the floor area by less than 1%. Apparently the information provided during the Graybeal review was sufficient to nullify the condition that the Planning Director would not approve any more insubstantial amendment to the Midland Park PUD; therefore, staff has continued with the processing of this application. The Homeowners' Association does not have any objections to this proposal. Comments are attached. RECOMMENDATION: Staff recommends approval of an insubstantial amendment to the Midland Park PUD. I hereby approve the Brainard Insubstantial Amendment to the Midland Park PUD, subject to the condition noted above. ~ ~~ ~~ ~~ Stan Clau on, unity Development Director Date Exhibits: A. Application B. Letter from the Homeowners' Association C. Floor plan ~..r ~w Louise Brainard 603 Midland Park Place Aspen CO 81611 September 15, 1995 Architectural Control Committee of Midland Park Condominium Association C/O Carrie Wells 602 Midland Park Place Aspen CO 81611 Request for enclosure of space at 603 Midland Park This is my formal request for approval of the enclosure of the general common element space in front of my unit #603. The preliminary plans are attached. My proposal is to enclose the space to provide storage space and to improve the appearance of the entrance of the unit. I would simply add a front wall with one window and put a window in the east wall. The exterior material and paint would conform to Association standards. I would propose that the space remain a general common element as all the garages now are. I would be willing to provide an agreement to the Condo Association that I would take responsibility for all maintenance and upkeep of the improvements. All immediate neighbors have been contacted regarding this change and I have received no objections. Per the attached memo, I understand that I need to have the Condo Association's approval before I can go for the building permit. Your consideration of this is greatly appreciated. I would hope to commence construction this fall. Please call me if there are any questions. I would be happy to talk to the Committee or the Board if necessary. My home #925-5529 and at work my #920-4800 X226. Sincerely, Louise Brainard Louise Brainard 603 Midland Park Place Aspen, CO 81611 October 9,1995 Deaz Louise, Regazding your proposed enclosure of the limited common element in front of your unit as submittedtotheMidlandParkCondominiumAssociationArchitecturalControlCommittee, the boazd of directors does not object to your proposal as long as you obtain the regired building and planning pemrits. If an amendment to our project PUD is required to secure your permission, we will have to consult with the entire membership and consider all possible modifications to our plan before you can proceed Please feel free to consult with us if there is anything else we can do for you in this process. Sincerely, /~j ~ °~ Griff Smith Midland Pazk CondominiumAssociation s . ,~~, ~.~. ~- ~ ~ ~ ~---- r _. _ UNIT F 2 U~nT F.l Iro~m r K,a_~ ~e ::2 ~~,+ ~ W:T F 2 IM~T F-i v/~.x ~. ~~ '~C,TFC~lJ ,'~.-A ~ - -~ aka ~5~~ -~- ~ . I ~ ~ i •~ -- - - -~ ~------ ~~ _~ ~ ~,~yWT F.~t -~,.~~ I i Ut~hT F-9 ~ ~x x - G ~~ , ~~ Z ~/ 1N~r~ ' ~ I U3~ t..:_,s.,,:_ ..__ ~,mv~,s:a F.~a ii e >C = I I '~ UNIT F-'~ A - z.::.-~ _.~~ JET --t %.. -J L-1 ~~ _._ ____ z nn _ _-. .223' .- ...--~ ;J JET F-2 GGE ___ _$ OCc ~- ~ g~ - - -C ~~ ~ s }r~ f' ~~ ~ 's+'i ,. 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V ~^ i~~ li ~, z' _~' 0 . -- Or_t. 27 19?5 r79:~6'-~^1 r32 ~~ _Q ___. 1"0 ~° ~' ~o~'f'nM --~-~~ ,.. s r. .-. ~'.. - . • r ~•,:ir ~,1 i ljro 00 ~~'F p'PP~L INSIIBSTANTLAL AMENDMEt1'1' ~ X~RSVLD PUD OR SPA PLAN .• _ -. :~--_ •. Application Package Contents' Attached is a Development Application pack~gp, £p~,-submission of your application. Included in this package a~~ the following attachments: t t ~ ~. . •1. `~}1pplication Form. .S. - - - - ~, ~ .,. . 2. Description of Minimum Contents of Development Application ~ • ~ ~ 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application re ires•that public notice be given by reviewing Attachfii7~nEi5': '`~ T ~e 1 of that attachment will tell you whether or not~yoi~imt,g~+ip'}$~ ion requires notice and the form the notice should take. Your-'responsibilities in this regard are summarized in the cover explanation to the table. we strongly encourage all applicants to hold a pre-application conference with a Planning Affice stafP•person so .that the requirements for submitting ac''dalplete applic~tibn can •be fully described to you_ Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannok -possibly replDC,ate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover ail sue. • Fzsd • r'-Y F ~ •- -. . f' . A 1 ,_) ; t ^ .• ~' .',.' 7. o rAND USE APPISCATZON FTA3d \ 1) ~ Protect Name ~~~ Per ~. '•~I) 2) Project location /~ a 3 hti.A ~ pa,-~ P ~ (indicatr: street a. mow, lot & block xn~ber, legal description wheie 3) Present Zoning r ~'-D 4) Iat Size 5) Applicant's Name, ".::...mss & Phone $ ~~~ ~O t~r~x.. ~ -3s~,t ~ t1'rs p~-, ~ g l6 l ~ qzo-~!$oo (.w~ 6) Rep~ntative's Name, a~'~'^°~^ & Anne $ Gi,(t~L 7) 7~+pe cf Application (please dze~c all that apply) _ Conditional Use Cbnoeptual SPA Historic Dev. Special Review 8040 Q~enline _ Stream MaZgin Mountain View Plane Final SPA Comeptual Am Final PiJD Subdivision COndr,~=niimi~atlan TeXt~Map A~^°TMfi+~°"t rat s~lit~rat iir,e n~1/~.... Aajustme~* ~~ -tb 8) Description of apprr~ximate sq. ProP~-Y) - Final Historic Dev. Minor Historic Ik~cr. Historic Demolition Historic Designation (BLS Allotment car.~s F~mption PAD F]ri cr; *,Q uses (n~mMr and type of eri ~'; rr st~urs: ft_ : nim?vr of be8iooms; any P~a~ aPP~~ g~t~ tiD the 9) Dy- igtion of Develo~nt Application ~~. 10) Nave you attadbed.the followiu-g? Resporc~'to-Attad~ent 2, Min;mm, SZIb-11_SSiOn ~ter[ts ReSppItSC~ tOZ ~~tdC~IIOellt 3, $peC1.f1C ~}mi ccl~ ~ditPlItS Response to Attad~ent 4, Review Standards for Your Application s~K~~ ~~ ,-.. ,,, ~ ..,. ATTACfII~SENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description ;of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel onS which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ~4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. ~5. A written description of the proposal and an explanation in written, graphic or model form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications ~r..' ATTACHI4ENT 3 Specific Submission Contents: Insubstantial Amendment or Exemption Approval By Planning Director The request for Planning Director approval of an Insubstantial Ame\ndment or Exemption shall contain the following items: yl. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. ~ v2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. \~3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red-lined" onto a copy of the original document. at3.insubstantial ..r ATTACFIl~NT 4 Review Standards: Development Application for Insubstantial Amendment to Approved PDD or SPA Plan An insubstantial amendment to an approved Final Development Plan may be authorized by the Planning Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. The following shall not be considered an insubstantial ~ame~n~dment: ~ a.W A change in the use or character of the ~~~1k development. Xb. An increase by greater than three (3$) percent in the overall coverage of structures on the land. c. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. d. A reduction by greater than three (3~) percent of the approved open space. ~ e. A reduction by greater than one (1~) percent of the off-street oarkino and loadincr snac-P_ f. g• ~~. h. ~•I A reduction in required pavement widths or rights-of-way for streets and easements. An increase of greater than two (2k) percent in the approved gross leasable floor area of commercial buildings. An increase by greater than one (1~) percent in the approved residential density of the proposed develompent. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. The Planning Director's evaluation shall compare the proposed amendment to the original approval and if any other amendments have been approved since the original approval, shall consider the cumulative impacts of all approvals granted. ~ ~ ..., 2. All other modifications shall be approved pursuant to the terms and procedures of the Final Develop- ment Plan, provided that the proposed change is consistent with or an enhancement of the approved Final Development Plan. If the proposed change is not consistent with the approved Final Development Plan, the amendment shall be subject to both Conceptual and Final Development Plan review and approval. 3. During the review of the proposed amendment, the Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be 'amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. 4. In the absence of an approved Final Development .•' Plan, an accurate improvements survey of existing conditions may be substituted to,p~mit evaluation of whether the proposed activityF is an insubstan- ' tial or other change to the site. at4.amend.pud 2 ~.> ....: Attachment 6 General Summary of Consent Agenda/Staff Approval Application Process 1. Application Types: The following are the Development Applications which are processed as staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling or reconstruction, minor development to a historic landmark, development of a single family or duplex dwelling or-minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD, Subdivision or GMQS. 2. Development Review Procedure Summary: The zero step staff approval application process is shown in the attached figures and can be described as follows. Stage One: Attend pre-application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. ,The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. ~~ aecarded 11:70 AM August 29 1978 Reception ! Loretta Banner RecorAer zoseco ~f353 ~LE504 CONDOM7LIUM OEC WRJ`=ION FOR TIIE MNLANO PARK SUBDIVISION day` A TIIIS DECLAMI4ON is maAC this ^_Ath ~ pu is ua K.t LO theSorovia oIO RI Of 6 RI.Srh191JDSection,L\-.0`01 et ae~ I. D£FINtTI ONS puthori. ty 1.1 Decla[ant. "D¢claran t" means tho Rousing 1 of Pitkin County, Colorado. 1.1 Real Pro ert '. "Real Property" mcana tha mal grope rty Iota[ •n Pitkin County. Colorado, desc Abed in Exhibit A attached ^¢re[o, together with all rights and interests appurtenant thereto. "Building" means any `+u ild ing constructed 1.2 Buildin . on the Re cl Prope [ty. 1.4 Pro ]_e~~c. "Ptojec rovementaton th el RealPP[oPertYe Ouildings an3 all other imp 1.5 Condominium Ma "Condominium Map" mcana the Condominium Map o[ M[ and Park Subdivision filed or to be filed in Che records In the office of the Clerk and Recorder of Pitk In County, Colorado. 1.6 Condomi~ •CY^dominium Unit atructuren Indio Ld ual Aar Space unri of an multi-Eamily pa~a oEt anEloor or¢floore io ammulti~family bulldi n911 r togethe[nwithi [h eEUndiv idedlln to rest in ch¢1COnvnon El ementa appu rtenm,~ to that Individual Space ae eo theoCOndomin ium Lnaf[e[. The Condonimium Unii is shover. o Map and is idea[ if ied thereon with a number. The bounda[Sea of each Individual Space afloorsw andnceiling sdohichumarkothe by linen along the walla, , perimeter boundaries of the Inace[forl tb eeincezior au[Eaces boundari ea of an Individual RP s which mark the perimeter of each walls, floors and ceiling floors acd boundaries and, chose found along such wails, ceilings, the interior scrEac¢s of windasshn ttivaf ter[def fined, c le sed position. AnY Common £le.nents, which may be within acelasi ownedlbyp the Owner oftthe Unit of [he Individual p of which [he Ind iv td ual which ma yaconsist oEy anoenclosed ien as here inaEter defined, room o[ rooms shall nevertheless remain Common Elem¢nte even if numbered IJ ke an Individual Space on the Condominium Mep. 1 7 Common elements •rtions thereofewhichmcanstituteE the Project, ex- Dept tF¢ ~ arts of t1.° 'u ild ings Condominium Unies, and also means all p o[ any facil l.C iea and fir [ores which may be within a Con- dominlum Unit which are or use,be necessary or convenient ocwpancy, operation, main- pp she support, e>:ic'enre, !enact:, repair, of safety of the Buildings or aNithout theterf or ar.y other Co nd om. `i.um Unit therein. limiting tht 9ene[ality of the f"[eyoing; the following shall constitute a`"t°"of clhe RealsPrope x!y; (blia111foundations~ents which are p peams and suppo r[s of the Buildings; (cI columns, 9irdecs, 'Shall.ivithlresp~cteto theo riehtmoftezcluslve usa Dees herein excep- 9 1:~ L. ~~ r,r.353 x:1505 the exterior walls of the Building s, the ma}A or bearing walls within [he Buildings, [he main or Fearing subElos.rnmLlsad the roofs of the Building n; (d) all entr encesr exile, walks, landings and fire escapes sere is ehand tmeintene nc eel Space; lei all atilt cy, storage' a ara[us, rooms or space and all crawl space; If) all fixtaeeStel eFaonc, installations and facili Gies for pohea clnigh refri 'ration, television, ho[ eater, 'old water, 9• g" air conditioning, incineration, or si!nilar utility service or nain [e na nca purpo so s, provided they do not exi rt solely for or to se rv.• a Condominium Un!t in whicn they mafaba located, inc lad :.ng furnaces, tanks, pumps, motors, compressors, v~mts, ducts, flues, wires, pipes, conduits and other similar Eix to [ea, apparatus, instal lotions and facilities. 1.8 Limited Conm.on Elements. "Limited Common Clements' means those parts of t e Genera Common Elements which are either limited to and reserved for the exclusive use of an forethefcommon~u selof more than[o ne ibuteEewar the neallvof the condominium unit owners. 1.9 Owe r. "Owner' means tnwhoeown fee elmp le sticlento cy or entities, including Declarant, a Condominium Unit most nearly equivalent io fee simple title. Tha term Owner shall not include the owner or owners of any lesser estate or interest. 1.10 Guest. 'GUe a' means any customer, agent, employee, tenant, guest o[ lnvi tee or an Owner, and any person or entity, not an Owner, who has acquired any title or in ieinc lading a Condominium Unit by, through or under an Owner, lessee, liw nsee or mortgagee, and any em tox.ar, agent employee, tenant, guest or invitee of such a person or snit cy. 1.11 Morc,a ee. "Mortgagee" means any Parson or persons or enti cy or ent ties who is a mortgagee under a mortgage or a beneficiary under a deed of trust oz similar security instrument encumbering a Condominium Unlc. 1.12 Association. "Association' means Che Midland Palk Homeowners Assoc is [i on, a Colorado nonprofit corporation, its successors and assigns. 1.1J Points. 'PO1nt3" are numericalrtionate interest of to each In ivi val Space to fix the pcopo the Owner of that Ind ivMdeLaofsthat OwnerMi nn the Association proportionate voting po and the Proportionate snare of the total aasesamenta levied by the Association to De borne by chat Owner. The number of Foints assigned to each Individual Spate is set forth on Exhibit B alts ch eU he re GO. "Total Points' means the total Y roj act asPOi ttfo rthione ExhibitlB ataachedahere toe in the 1.14 Exhibits. Tne Exhibits to t"is Declaration are Exhibit A, containing a des¢iotion of [he Real Property, and Exhibit B, listing the Condominium Unins and ideniifyi nq the Yoints aesi5 ned to earn. II. DECLARATION AND EFFECT THEREOF 2.1 Declaration. Declarant for itself, its successors ag owner of the Project, hereby declares Chat the and assigns, _2_ i '9 i _~ `I~~~~eS'.~:~:J_'n,_... ~_am.~ -'~ 1u T'.'~T.~d~.L"~i21:y =7_t:353 •::; 506 Project shall at all times be owned and held Sn condominium owner ah ip under the Condominium WnecshSp Act of [he State of Colorado and shall at all times be owned, held, used, and occupied subject to [he provisions of the Dec lox's Lion. 2.T Division into Condominium Unit u. The Project is he[eby divided into Coo ndomtnxum Unr[s, each consisci ng of ~ separste fee simple estate in a particular Individual Speer and an appu[- tenunt undivided fee simple iota [e st in the Common Elements. 2.7 Undivided Inte[ests in Common flamenco. 'fhe un- divided in[eresc zn Common ~emencs appurtenant to a particular Indio ldua+. Space is a E[accion, the numerator of which ie the number of Polncs as afgncd [o that Individual Space as eat forth nn Exhibit B attached hereto and the denominator of which is fhe Total Pcin is In [he Project as eat for Ch in Exhibit B attached hereto. Each wnet shall own his appur- tenant undivided inter: at in Common ES Cments as a tenant in common with all other tMner a. 3.1 Eimited Common Elements. A portion of the general common elementsis resetv~~he exclusive me of individual owners of the respective units. The limited common elements as re se [v ed are shown on the Condominium Map. 3.5 De erriotlon of a Condomini mo Unlt. Any instruaent effec Gino as Ccndomsnxum UnrC may Ieg aT1y~e scribe St by the Condominium Unit number sheen on Exhibit B attached hereto and shown on Che Condominium Map. A legal dear [iption of a Condominium Unit in Che Project map he in the 'l ollowing form: Condomini wn Unit Midlahd Park Subd ivisionr Pi[kin Ccunty, Colo^ado Ary conveyance or other lns[rwne nt aEf ec ti ng title to a Condonii nium Unit or any part thereof descrSUing the Condominium Unit in substantially the forc9 ni ng form or otne[wise daseribi ng the Condominium Unit shall be deemed to include and dear rioo the enci re Condominium Unit including the appuz[enant undivided interest in Common Elements and all of the tights, ea semenis, obi igacions, limitations, encamp [a ores, convenants, conditions and restrictions benefiting o[ hu zdening the Condominium Unit under the terms of this Declaration. Any [e Ec re nee Co a Condominium 'mic in the Midland Park Subdivision in any de.w ripcion shall mean a Condominium Unit in <he Hidla nd Park Subdivision according to Che Condominium Map and this Declaration, all as filed and rrs corded in the office o: the CIn[k and Recorder of Pi[kin County, Colorado. 2.6 Duration of Condominium Wnership. The rend omini~'.m ownership~oE the Project c[eate~ t~Tiis declaration shall continue until this Declaration is terminated or revoked as hereinafter provided. 7,] InseP rabil ify of Cond ominiwn Unit. The interest of an Mner In an I~i~x ua. Space an t o Appurtenant undivlA ed interest in Common Elements which consti [u to a Condominium Unit shall b~ inseparable for the period of condominium ownership hereina bove dear ribed. 2.0 Partition of Common Elements not Permitted. The Common fitments n~a7~ Dune 1n common Ty a a+ners TCOndominium Unlta, and no owner may bring any action Eor partition thereof. Z.9 Ad valorem Taxation. All to%es, asses smt nts and other •:harg es o t e State oT Colorado or of any po licicai subdivis ton cr of any special improvement district or of any other taxing or asseeai ng authority she 11 be assessed against and collet teal on each Condominium Unit separatel;. l .~ - - -~ A ~• .bi ,~. _ wa1353 fx:50 i and not on the Buildings or Project as a whole and each Condominium Vnlt shall be carried on the tax books as a separate and distinct par c¢1. For N¢ purpose of valuation for assessment, the valuation of the Conwon Elements ah all be apporcioned among the Condominium Units 1n proportion to the fractional and Lv lded Snte rests Sn Convnon Elements appurtenant [o and part of the Condominium Units. The Association shall deliver to the County Assessor of Pltkin County, Colorado a written notice as requires by the Condominium Ownership Act of Colorado, se sting forth de scripcions of the Condominium Units and shall furnish all necessary Snformation with respect [o such apportionment oC val wet ion of Common Elements for assessment. Th r. lien for taxes assessed to any Condominium ¢nit shall bo confined [o tRat Condominium Unit. No Eozfeitu re or sale of any Condemin sum Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to any other Condominium Unit. 7.10 Ms chanicsTiens. No labor Ferformed or materials furnished cor use an connection with eny Condominium Unit with the consent or at the request of the Owner thereof or his agon t, contractor or aubeontrac for shall create any right to file a statement of mechanic's Ilen against CF.e Condomin i~w Unit of any other rh+ner not exp zessly consenting to oc reque st log the eam¢ of ng al.n st any inee rest Sn the Conwon Elements except the undivided Sn t¢re st the re In nppuctenant to the Condominium Unit of the Owner for whom such labor shall haws been performed and such materials shall have been perEO rmed and such mate [Sala shall Rave Deen furnished. Each Owner shall indemnify end hold harmless eacR of, [he other Owners from and against liablll[y of loss azlaSng from the Claim of any lien against the Condominium Unit, or any part thereof, or any other Omec for labor pe [formed or for materials furnished in work on the first O'wn theaASaoc le tionm Unit AG the wzi<ten ttquaet of any Owner, shell ¢nforce such rode mni q• by collecting from the Owner of [he Condominium Unlt on which the it hoe vas pe zformed and materials furnished the amount necessary to discharincludi n~rretto rney'e Sneluding all costs tncident sal thereto, S fees. If not promptly paid, the Assoccation may collet[ the same Sn the manner provided Re re in for collection of assessments. III, VARIOUS RIGHTS AND EAEEtgNTS 7.1 Owner's Righcs in General Common Elements. Sub}act to [he other provrsrona o t e eT-a ra uo`n, ¢~~^'ne.r, and each Owner's Guess, shall have rows dedcthere ¢iaina hlndrn nee and enjoE' the common El aments, p or encroachment upon tnc rights of use and enjoyment of other Owners. 7.2 Owner's Ri hts in Individual 5 ace. Eub}~.ct to [he other prvvis io ns o t zs Dec arntcon, each Omer ahaLl Rave full and cortip lets dominion and ownership o_° the Individual Space vhicR Ss part of the Condomin icw Unit owned by such Owner and such Owner and such Wner b Guests shall have the exclusive. right to use and enjoy the same. Each Ovr:er she l! have the right to paint, repaint, tile, wax, paper and otherwise reEin isR and decorate the interior surfaces of the walla, ceilings, floors and doo{s which are the boon de riea of his Indio id val Space and the walls, ceilings, floors and doors within the Roundarles of his Individual Eia ce. { s; -a- ' 7a. ~~, .,'. .\ht it;. 1: f ~, c~' s%". ':: `,y' rF ~~~ ~\yyl L it ..-~'. •,: .. t. e~;~353 f.r~509 es are provided for herein, even though no specific reference to such easements appears in any such conveyance. IV. (,E RTAIN RIGHTS AN^ ODLIGATI ONG OF THE ASSOCIATION y T 1 Assoc La Lion As Att o[ney-in-fact For Owm ors. The 4 l! . Associationis- eretiy xrrevoca y appotn tc~~~leran[, as Owner of all Condominiwc tin its, es attorney-in-fact for Declarant and its successors and assigns as Owners of. Condo- , t min ium Units and each of Chem to manage, control and deal with the interesc of such Wner in Common f.l ements se as [o permit the Association to fv if ill all of its duties and ebliga[ions hereunder and to ere rc ise all of its rights i on or hereunder; W deal with [ha Pro]ee[ upon its destruct obsolescence as hereinafter providedi and to deal with and handle insurance and insu ra nee proceeds and onndemnation and condamnati on awards Sn accordance with the provisions of this Declaration. The acceptance by any person o[ entity of any in r.e re st In any Condominium Unit shall constitute an appointment by that Fe [son or entity of the Associe ti On as attorney-in-f ac[ as abov¢ pzo+ided. 3 Common Elements and Utill tie s. The Association 4 , shall he o6Tigated Co an s a pzovi~ fox the earn, operation, i management, maintenance, improvenrent, repair end replacement of the Common Elements and for uillity se [vice to the Common ' Elements end to Cond om Lni u.a Unite. Nithout limiting the generality of the foregoing, said obligations shall include keeping tho Common Elements Sn good, clean, act raetlve and sanitary condition, order and reps.'.[; removing snow and any other materials from the Common Elements to permit access to the Frojert and the Individual Space of any Condom [nlum Unit; keeping Ghe Project safe, attractive and desirable; makin5 necessary or desirable alterations, additions, i I Bette [manta oz imptovemen to to or on the General Common Elements; and paying uillity rho ages except separately • metered utilities which shall be paid by the 6w.-.er or user of the space served thereby. No prior approval of Owners shall be required for such work but prior approval of [hc Association, acting through its officers or Doa rd of Ol.recto[s, shall be [egui red for all such work. 4.l Accoun[ln Nillin and Record %eepi ns. The Association shall Hain to rn sue records, keep sue accoun s and do such billing and collecting as is needed in connection wltn its act iv i[ies and under [his Declaration. Th¢ costs and nzpen ses of such record krepi.nq, accounting, billing and collecting shall not be sepses tely cha [g ed to particula[ l+wr.e cs or Guests but shall be part of th.e costs and expenses [o be covered by regular arse ss men ta. i ~ 4.4 Labor d Se.-..vices. The Association may ohta In sort y . +,. pay fox the services ~ any n¢a on or entity to manage its affairs, or any part [he rcof, to the extent it deems advisable, as well as ouch other pe tsonn¢1 as tl~e Association shall date nnine to ^e neceesa [y or desirable for the proper operation r em lo ed h d i p y s e o of the Project, woe they such p:rsonnel are furn directly Dy the Association or by any person or entity with whom or which it contracts. 'f Le Assoc.ati on may obtain and pay foe legal and seep w;tinn ae[vices necessary or desirable ' ,~ in connection with the operation of the ! 'oject or the enEO rcem¢n; of this Declaration. The Association m. arrange with others $ A to furnish lighting, heating, wn te:, trash ccllettion, sewer t , ~ im service and other common services to ¢ac^ Individual Space, F i t~ e 9~ Y r l{ - fi - E: i ~_,, i `~ ~1f.2'F"_7 ~ 1 ,~, -----._..._..,...1.~s<...o".....maea,^1P7~?~ffC:i33? 1cx353 rs;514 ~ 6.8 Lia bll sty of P!n~rs Pu:chaeexn anu Encumbrancs 6la ~[. '-'L'i n`c or !natty N Y Cho rte, P essment e -er ~ , s s s TRe amount oZ > r Condominium Unlt shall ba a joint with roapect to any Mncr n the Ansodetlon of each Mner end and several obllgetion to ouch Mner's 1,e ira, pe raonal rcpt! sent! ti VC 1, cute! coots end a Condominium Unlt assigns. A party atgv icing tae simple title to llabla with the fnrmar Mner (or ll i y shall be jointly end scut te h lch had eccrued ar.d were paynbls at the all such nmoun to w f tee simple title to the Con domtnlvm time of the acgviaStion o e i itRav[ preju ` a a a Unit by au ch petty w fLOm the forme r Mne r of said amounts p to recover eny Each loch amount, together with in ca teat tha neon, may be a a rc cove red by soli for a money j~d9m~leo sewriu g name. thc without Lo reclosing ,:r we l~.nq Y deed the holder o[ a mortgatc, '. ng foreg< h , . e No twithsta nding t a Condominium b a of trust or otRer lien on anc penalty fine or b:s for any such Nsesamen[, chary!, enalties r li p a the lien for any such Assessments, charges, fines o n Condomin um • . on sM 11 be jun'_ur to any lien or enc unit ra nc! lue end perfe^ted by Unit taken in good Pa lt^ and for va f ~ k a record in9 Y. the offlea o fallu:e e notice of th! tima clot [o d ~ o, P Pick in County, Colora is recorded in saAd attics, describing to pay any auto amount the Condominium Unlt. 6.a Es[c^nel Certificate. Upon pe/n~ont e( n rcanonable A!loelntlon and R C determ l,~~ tom time LO time by C ith an y (ee as upon written toques! of any Mncr ar any parson w Condominium Unit or intendlnq right, title or rate re at in a title or late re et Sn a Condominiua to acquire any right, Association shall furnleh a wrlttan ntatema fes h , ar c Unit, "a tl O Ynt setting fortl e a du dm than unpaid L t a if dCC eceTUCd an or e fines or penalties, Y 3 [ha amount of the with respect to a Condominium Unit an n fiscal period o[ CRC As~ st Aaeeasmenc for the cvrre atement tee Condominium Unit, w payable with ~esPect to to whom It is i,r ved, be t y shall, with respect to the par a t i a l a concl•„ -+u anairst or due t9 en amoun[s vere other or ter re a pureoscs, [l.rt no 9 accrued and unpaid. VII. USES STR}CfI ONS Each Individual Space sh: R be Use . 7.1 Restrictions on el~en~a ]:urpoacs only and none shall be used .or used for re any comme cc ial or business purpose. No lands or atruccvrea be occupied o[ used in w ichin the nldla nd Park Project ah all ever xon ing, nubdiviaion or a nY eny manner which la contrary to o u a y n ' rauan t p ASSOClatio n by the a[e d mul o C q a c g p m acion regu or ol i he re co. ' 7.2 Ce+mnon Elements Restrictions. A11 use and occupan e, d o °°f b i - an 9 of Common !meats s a e s~ ect t obs[ruct, sha Li f the Association. No Mner, i ons o and regulat of the Common Clements. No an 1 y damage or commit waste to or repaf.r or store anytRing in or l t ter Mner shall change, a Elements without th_ prior wri ttea on any of the Common I consent of the Association. 7.3 No Sr !riling of InsurenceL n th eaProjact ~ o o o in anything or cause anyt rag [~ remiumn oL Sn the insurance p which might result in an ins tees! the Project or which might cause d f or Sn wtance obtaine cancellation of such lnsvran ce without the pxinr written - consent of the Asaocla[i.on. .. ., - 11 - .4 ' ._.....- .. .. __.._ _ ~ ~ ~1~ __.. _.. ~ ," f~ 'r ; a. , ____._....,m..,m.s-.~., ,•,;,1353 ri;515 7.4 No 4lolation of Law. No Pwner shall do anything 7r keep ~. anything in or on t e ro7ect which would be Sn violation of - miy statute, cola, ordlnan ce, re 4u latlon, pe rmlt oc other validly imposed requi cement of any governmancal body. f 7.5 No Nox ieus Offe~nsive.~I:n za zdoua or Anno Sng Actlvltles.~ No noxious or o enslve actlvrty a a e carz a on upon any part of the Project nor shall anything ba done or pia ecd on or Sn any part of the Pm)ec[ which Ss or may become a nuisance or eau ec embarrassemen[, disturbance of annoyance to others. No ecCSvi ty shall be conducted on any part o[ the Project antl no Smpravements shell be made or constructed on any part oP the Pro )ect which ere or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part o[ the Project which la un [e asonably loud Oi annoy inq. No odot shall ~~ be omitted on any pare of the Project which Ss noxious or offensive to others. NO 11gPt :nail be emitted from any part of the Project ~whl ch is un reasombly brl gh[ or causes unreasonable glare. v ;: Y~~ Y': ,S°r 7.6 No unaightlin¢ea. No unelghtllneea shall be pe rml[ted on or in any par o ,e roject. Without limiting the g¢ne relity of the foreio ing nothing shall h0 kept or ato red on or Sn any of the Common Elements, nothing shalt be hung of placed upon any of [he Common Elements, and nothing shall be placed on a in windows or doors et Individual Spaces which would or might create ar. unsightly appearance. 7.7 Restriction on BS ns. No signs or adve rtieing Levi tea of e~iy ~at~i< eFa-1TTOe erects or maintained on any part of the Project withov~ the prior written ton sent oC the Association, provided, hnw¢ver, chat the Association shall not unreasonably withhold convent t0 the signs of"the Declarant during cha period of sale of Condominium Vn Sta in the Project. 7.8 Antennas. No radio, to le vl sins of other type of antenna she1T, without the written consent of'the Assodatlon, be installed or maintained on Che Buildings. '7,9 Restrlctlons on Psg s. No doge shall be maintained, kept o[ ha r'-6o ze3 wlt~anY individual Space, on or in any of the Common Elements or within any area of the Nidland Park Project, it being understood that compliance. with [his restrlctlon is n condition of subdivision arpro val end this rea[tic[ion may not be removed, varied, am¢nded; al'_red or ab r!dged (the amendment provisions cf Article X not~l chstanding) witho ui the prior approval of the Board of County Convnissione rs of Pltkin County, Colorado. . 7.18 Maintenance of Individual 5 ace and COmnon Elements. Each Indivr ua pace an rmprovemenCS, rx ores a furniture and equipment therein and any Common E:¢ments appu rterent to a Condominium Unit shall be kept end mal nta fined Dy the Owner of the Condominium Unit 1n a clean, sale, attractive and sightly condition and in good r•~pair. No structural alter- ations within any Individual Space or with respect to any Common Elements shall be made and no electrical, plumbing or similar work within any In]iv idual Space (except minor repair work localized within cha Indly idual Space not affecting these overall utility systems) shall he done wit bout the prior wrl.t ten consent of Che Association. 7.11 No Exre ~sive Use of UtiliG fie s. NO Owner or oilier occupant shall make ex cr serve use o or waste utilities, inc ludin9 gas, ¢lectrici ty a•.d wafer, which are paid for out of the general budget and revered by regular assesamente. _ 13 .