HomeMy WebLinkAboutLand Use Case.1286 Snowbunny Ln.0018.2009.ASLU.~
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0018.2009.AHPC
2735 01 3 11 003
1286 + 1290 SNOWBUNNY LANE
Arew ~2M.aur1G~Q,(r
SUBDIVISION EXEMPTION
CRAIG M. MELVILLE
3.23.09
CLOSED BY Angela Scorey on 04/30/2009
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PermT Type aslu .Aspen Land Use Permit Y 0016.2009.ASLU
Address 1286 + 1290 SNOWBUNNY LN J Apt~Srite
City SPEN State CO o Zip 81611 J ~.
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Description SUBDIVISION EXEMPTION (INCLUDES CONDOMINIUMIZATION) Issued ~ J
Final ~J
Submitted CRAIG W.MELVILLE Clock Running Days ~ Expires 03(062010 J
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Last Name MELVllLE J _. __ _. _ __. ___ __
Fist Name RALPH P 333 E DURANT AYE
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Phone (970)925-7797 ASPEN CO 81611
~- r Owner Is AppJicant7 _.
t "Applicant ___ _. _.
' Last Name MELVILLE ~ First Name RALPH P 333 E DURANT AVE
Phone ~- Cust X 21196 ASPEN CO 81611
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PROJECT:
ATTACHMENT 2 -LAND USE APPLICATION
Name: ~~ /¢ ~ //(E'G V`!L. L ~
Location: ~L. ~~o f (~ ~Q ,S!(iYJ k~;
(Indicate street address, lot & bock nc
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APPLICANT:
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Name:
Address:
Phone#: "„i 1 ~ Ldt~
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REPRESENTATIVE: :OMh4UNiT'Y DEVELCPMEN"~
Name: Sri M ~
Address:
Phone #:
TYPE OF APPLICATION: (please check all that apply):
^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use
^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment
^ Special Review ^ Subdivision ^ Conceptual SPA
^ ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ^ Final SPA (& SPA
Mazgin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Smal] Lodge Conversion/
Expansion
^ Residential Design Variance ^ Lot Line Adjustment ^ Other:
^ Conditional Use
EXI
S
TING t.ON'DITIONS: (description of existing buildings, uses, previous approvals, etc.)
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J/lf~G. EX ~~ S/.T/~A/T/~4L ~2~~P ~ SroR y i2 %o i STD, y
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $ 7
U Pre-Application Conference Summary
^ Attachment # 1, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Form
^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
^ 3-D Model for large project
All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
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ATTACHMENT3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mazk, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: Proposed:
Number of residential units: Existing: ~ Proposed:
Number of bedrooms: Existing.•__~Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing.• Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing.• Required: Proposed:
Site coverage: Existing.• Required: Proposed.•
Open Space: Existing: Required.• Proposed:
Front Setback: Existing: .j~ ~ Required: Proposed.•
Rear Setback:
g:
Existin
/8' Required.•
~
Proposed:
Combined F/R: Existing.• Required.• Proposed.•
Side Setback: Existing: !< ; [~ Required: Proposed:
Side Setback: Existing: ~Required: Proposed:
Combined Sides: Existing.• Required: Proposed:
Distance Between Existing Required: Proposed:
Buildings
Existing non-conformities or encroachments:
Variations requested:
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Andrea Hingley, 429-2797 DATE: 7/31/08
PROJECT: 1290 Snowbunny La
REPRESENTATIVE: Eric Gross
Tel: 970-963-6363
DESCRIPTION
The applicant would like to condominiumize the existing duplex located at the above referenced location
which is located in the R-15 district. Subdivision is not possible. Parking and limited common elements will
need to be clearly identified.
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Land Use Code Section(s)
26.480.090 Condominiumization ~i,~~ 1 " 2~~9
httpalwww.aspenpitkin.comldepts1381citycode.cfm i/~ ~ , ,,; ,;.,rt_ i~;
11Mf1U6'ITv 17ri~,~FLOPMEN?
Review by: -Staff for complete application
- Referral agencies for technical considerations
-Community Development Director for final determination
- Note, a public hearing is not required for this proposal unless the Community
Development Director determines the request does not meet the review standards.
Planning Fees: $735 Deposit for 3 hours of Staff time
Total Deposit: 5735
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. Signed fee agreement.
5. Completed Dimensional Requirements Form.
6. Applicant's name, address and telephone number in a letter signed by the applicant, which states
the name, address and telephone number of the representative authorized to act on behalf of the
applicant.
7. Street address and legal description of the parcel on which 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.
8. An 8112" by 11"vicinity map locating the parcel within the City of Aspen.
9. Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land surveyor,
licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor.
10. 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.
Please include existing conditions as well as proposed. Please provide a written response to all applicable
criteria.
11. Copies of prior approvals.
12. Additional application material as required for each specific review. (See application packet and
land use code)
13. 3 Copies of the complete application packet and maps.
Referral Agencies =1/ea.; Planning Staff = 1
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning, which is subject to change in the future, and upon factual representations that mayor
may not be accurate. The summary does not create a legal or vested right.
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: March 18, 2009
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 00018 2009.ASLU, 1286/1290 Snowbunny Lane.
Your Land Use Application is incomplete:
yyy ~~, We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
1. Disclosure of ownership. A current certificate from a title insurance company, or
attorney licensed to practice in the state of Colorado, that lists 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 (Section
26.304.030 B.3)
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
^ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Thank You, r,
•~w,IY/~,"~
Jennifer Phe Deputy Director
City of Aspen, Community Development Department
C:\Documents and Settings\jennifep\My Documents\all documents 11.30.07\organized\G Drive\Templates\Land
Use Cases\Completeness Letter Land Use.doc
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees ~~-~ ~^^ ~ ~ „ ,
CITY OF ASPEN (hereinafer CITY) and
(hereinafrer APPLICANT) AGREE AS FOLLOWS: ~~~~ ~~`~
1. APPLICANT has submitted to CITY an application for ~l)N:hhUN!TV ~F~EL~Ph
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interes[ of the parties that
APPLICANT make paymen[ of an initial deposit and [o thereafrer permit additional costs to be billed
to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their
hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity
and will make additional payments upon notification by the CITY when they are necessary as costs are
incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to
process APPLICANT'S application.
4. CITY and APPLICANT further agree [ha[ it is impracticable for CITY staff to
complete processing or present sufficient information to the Planning Commission and/or City Council
to enable the Planning Commission and/or City Council [o make legally required fmdings for project
consideration, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of its right
to collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $ ~3~which is for _ 3 hours of Community
Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay
additional monthly billings to CITY to reimburse the CITY for the processing of the application
mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no .
case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPIN APPLICANT
Chris Bendon
Community Development Duector
Date:
Billing Address and Telephone Number:
Required
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THE CITY OF ASPEN
ASPEN COMMUNI'T'Y DEVELOPMENT
2008 LAND USE APPLICATION FEES
CATEGORY HOURS DEPOSIT FIAT FEE
Major 12 2,940.00
Minor 6 1,470.00
Staff Approvals 3 735.00
Flat Fee 590.00
Planning Department Hourly Rate 235.00
Board of Adjustment 265.00
Appeals of adverse board and administra[ion 3 735.00
Historic Designation 0.00
Exempt HPC 0.00
Certificate of No Negative Effect 245.00
Minor Development
Certificate of Appropriateness 3 705.00
Significant HPC <1000 sq. fr. 6 1,410.00
Significant HPC >1000 sq. fr. 12 2,820.00
Demolition, Partial Demolition, Relocation 2,820.00
Insubstan[ial Amendment [o an approved
Certificate of Appropriateness 0.00
Substantial Amendment to an approved
Certificate of Appropriateness 675.00
HPC Appeals 3 705.00
Development Order Recordation Fee 45.00
Land Use Code Interpretations 50.00
Appeals of Land Use Code Interpretations 3 735.00
Referral Fees -Environmental Health
Major 410.00
Referral Fees -Housing
Major 410.00
Minor 212.00
Referral Fees -City Engineer
Major 410.00
Minor 212.00
Referral Fees - Pazks
Major 410.00
Minor 212.00
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CONDOMINIUM DECLARATION OF
MELVII,LE CONDONIINIUMS
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THIS DECLARATION is made on the date set forth below by Ralph P. Melville, Marian
H. Melville, Craig W. Melville and Teresa M. Lee-Melville ("Declarants").
RECITALS:
A. Declarants are the owners, as tenants in common as to an undivided 25% each, of
certain real estate in Pitkin County, Colorado, which is more particulazly described as
City and Townsite of Aspen (the Real Estate); and
B. Declarants desire to create a Condominium Common Interest Ownership
Community on the Real Estate, the name of which is Melville Condominiums, in which portions
of the Real Estate will be designated for separate ownership; and
C. Declarants have recorded a Condominium Map in Plat Book _ at Page _ of the
Pitkin County records.
ARTICLE 1
SUBMISSION: DEFINED TERMS
Section 1.01. Submission of Real Estate. (a) Declarants hereby declare that all of the
Real Estate shall be held or sold, and conveyed subject to the following easements, restrictions,
covenants, and conditions which are for the purpose of protecting the value and desirability of,
and which shall run with the Real Estate and be binding upon all parties having any right, title or
interest in the Real Estate and their assigns and shall inure to the benefit of each Owner thereof.
Additionally, Declazants hereby submits the real estate to the provisions of the Colorado
Common Interest Ownership Act, Sections 38-33.3-101, et. seq., Colorado Revised Statutes, as
it may be amended from to time (the "Act", also referred to as CCIOA). In the event the Act is
repealed, the Act, on the effective date of this Declaration, shall remain applicable.
Section 1.02. Defined Terms. Each capitalized term not otherwise defined in this
Declaration or in the Condominium Map shall have the meaning specified or used in the Act.
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ARTICLE 2
NAMES: DESCRIPTION OF REAL ESTATE
CCIOA CONDOMINIUM.
Section 2.01. Names
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(a) Condominium. The name of the Condominium is the Melville
Condominiums (the "Condominium"). This Common Interest Community is a Condominium
regime.
(b) Association. There shall be no homeowners association.
Section 2.02. Real Estate. The Condominium is located in Pitkin County, State of
Colorado, on Real Estate described above.
ARTICLE 3
UNTI'S
Section 3.01. Number of Units. The number of Units in the Condominium is two (2).
The Declarants reserve no rights to create additional Units.
Section 3.02. Identification of Units. The identification name or number of each Unit
is shown on the Condominium Map. The Units are named Unit 1286 and Unit 1290.
Section 3.03. Unit Boandaries/Maintenance and Renair. The boundaries of each
Unit aze located as shown on the Condominium Map and are more particulazly described as the
exterior walls, floors and roofs of each Unit. The wall between the units shall be a Common
Element. Each owner shall be solely responsible for all repairs and maintenance related to his/her
Unit and there are no shared expenses between the Unit Owners except as related to the
Driveway Area as set forth in Article 5, below.
Section 3.04. Subdivision of Units. A Unit shall not be further subdivided.
Section 3.05. Mechanics Lien. No labor performed or materials furnished for use in
connection with any Unit with the consent or at the request of the Unit Owner thereof or his
agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien
against the Unit of any other Unit Owner not expressly consenting to or requesting the same or
against any interest in the common elements except the undivided interest therein appurtenant to
the Unit of the Unit Owner for whom such labor shall have been performed and such materials
shall have been famished. Each Unit Owner shall indemnify and hold harmless the other Unit
Owner from and against liability or loss arising from the claim of any lien against the unit, or any
part thereof, or any other Unit Owner for labor performed or for materials famished in work on
the first owner's unit. Any Unit Owner shall have the right to enforce such indemnity by
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collecting from the owner of the Unit on which the labor was performed and materials famished
the amount necessary to dischazge any such lien, including all costs incidental thereto, including
attorneys' fees.
ARTICLE 4
COMMON ELEMENTS AND LIlVIITED COMMON ELEMENTS
Section• 4.01. Common Elements.
(a) The "Common Elements" means all portions of the Condominium other
than the Units. They shall be owned jointly by the Unit owners according to the respective
percentages of their pro rata shaze of Limited Common Elements appurtenant to their Units.
(b) Each Unit owner shall be obligated to and shall provide for the care,
operation, management, maintenance, improvement, repair and replacement of all Limited
Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing,
said obligations shall include keeping the Limited Common Elements in good, clean, attractive
and sanitary condition, order and repair; removing snow or any other materials from the common
elements to permit access to the Condominiums and any Unit; keeping the Common Elements
attractive and desirable and making necessary or desirable alterations, additions, betterments or
improvements to or on the common elements, and paying utility chazges which are applicable to
each Unit even if such chazge is made by a shared meter or invoice.
(c) If damage is inflicted, or a strong likelihood exists that it will be inflicted,
any the common elements or any Unit, the Unit Owner responsible for the damage, or expense to
avoid damage, is liable for the cost of prompt repair.
Section 4.02. Limited Common Elements.
(a) A "Limited Common Element" means a portion of the Common Elements,
designated in this Declaration, or on the Condominium Map, or by the Act, for the exclusive use
of one but not both Units.
(b) The following portion of the building, in addition to the portions described
in Section 38-33.3-202(1)(b) and (d) of the Act, aze designated as Limited Common Elements:
(i) the lawn, driveway and pazking areas as shown on the
Condominium map;
(ii) any chute, flue, duct, wire, conduit, pipe, cable, bearing wall,
bearing column or any other fixture lying partially within and partially outside the designated
boundaries of a Unit, or any portion thereof;
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(iii) shutters, awnings, window boxes, doorsteps, stoops, porches,
roof overhangs, balconies, and patios and all exterior doors and windows or other fixtures
designed to serve a single Unit but located outside the unit's boundaries;
(iv) balconies, patios or decks;
(v) doors leading from Units to balconies, and their related
frunes, sills and hazdwaze.
Section 4.03. Allocation of Specified Common Element. The only Common Element
for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the
Condominium Map. Otherwise, each Unit Owner shall have the exclusive use of that portion of
the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium
Map.
ARTICLE 5
MAINTENANCE. REPAIIt AND REPLACEMENT
Section 5.01. Unit. Each Unit owner shall be obligated to and shall provide for
the care, operation, management, maintenance, improvement, repair and replacement of his/her
Unit. Without limiting the generality of the foregoing, said obligations shall include but not be
limited to keeping the Unit in good, clean, attractive and sanitary condition, order and repair,
including all interior and exterior surfaces, roofs, and all pipes, utility lines, etc. which are
located within the walls, ceilings and floors of each Unit.
Section 5.02. Limited Common Elements. Because each of the Units have been
designated a specific yard area surrounding the Unit as a Limited Common Element, and because
these areas aze somewhat different with regazd to landscaping and size, the squaze footage of
driveway and sidewalk areas and snow removal requirements, the cost for work associated with
each of the Unit's~yazd areas shall be allocated to each Unit accordingly. With regard to
installation of new landscaping or fencing on the Limited Common Elements, written consent
must first be obtained from the other Unit Owner, which consent shall not be unreasonably
withheld so long as the planned landscaping and/or fencing does not unreasonably negatively
impact the other Unit Owner, but costs for such new installation shall be borne solely by the Unit
Owner requesting the same.
Section 5.03. Roof and Party Wall. A portion of the roof at the rear of Unit
1290 overhangs into the airspace of Unit 1286. The Unit 1290 owner shall have the right to
access and maintenance of this roof area. Each owner agrees to allow the other to access that
potion of the other Unit for the purposes of maintaining any portion of the wall between the units
or the Owner's roof.
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ARTICLE 6
RESTRICTIONS ON USE. ALIENATION AND OCCUPANCY
Section 6.01. No Noxious Offensive. Hazardous or Annovine Activities. No noxious
or offensive activity shall be carried on upon any part of the Condominium nor shall anything be
done or placed on or in part of the Condominium nor shall anything be done or placed on or in
part of the Condominium which is or may become a nuisance or cause embarrassment,
disturbance or annoyance to others. No activity shall be conducted on any part of the
Condominium and no improvements shall be made or constructed on any part of the
Condominium which are or might be unsafe or hazazdous to any person or property. No sound
shall be emitted on any part of the Condominium which is unreasonably loud or annoying. No
odor shall be emitted on any part of the Condominium which is noxious or offensive to others.
No light shall be emitted from any part of the Condominium which is unreasonably bright or
causes unreasonable glare.
Section 6.02. No Unsi¢htliness. No unsightliness shall be permitted on or in any part of
the Condominium. Without limiting the generality of the foregoing, nothing shall be kept or
stored on or in any of the common elements, nothing shall be hung or placed on any of the
common elements, and nothing shall be placed on or in windows or doors of units which would
or might create an unsightly appeazance.
Section 6.03. Maintenance of Units and Common Elements. Each Unit exterior and
the common elements and limited common elements shall be maintained in a clean, safe,
attractive and sightly condition and in good repair. No major alterations to the exterior of a Unit
or with respect to any common elements shall be made without the prior written consent of both
Unit Owners.
Section 6.04. Owner Caused Damaee. If, due to the act or neglect of a Unit Owner,
loss or damage shall be caused to any person or property, including the Condominium or any
Unit therein, such Unit Owner shall be liable and responsible for the same except to the extent
that such damage or loss is covered by insurance obtained by the Unit Owner.
Section 6.05. No Impairment of Structural Inte¢rity. Nothing shall be done, without
the written consent of the other Unit Owner, in, on or to, any Unit or the common elements, or
any portion thereof, which might impair the structural integrity of the Condominium.
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Section 6.06. No Violation of Rules. No Unit Owner shall violate the provisions of this
Declaration. In the event any Unit Owner is required to seek enforcement through legal
proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner.
Section 6.07. Responsibilities of Owners. Whenever this Declaration or any rule or
regulation of the Association prohibits any action of, or assigns responsibility to, any Unit Owner
and any provision of the Declaration or rule or regulation is violated by a tenant, licensee or guest
of any Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be
responsible for any such violation to the same extent as if the Unit Owner had committed the
same (except to the extent that such liability is prohibited by law).
Section 6.08. Restrictions of Alienation. A Unit may not be conveyed pursuant to a
time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes.
ARTICLE 7
INSURANCE
Section 7.01. Insurance Requirements Generally. Commencing upon purchase of a
Unit, each Unit Owner shall obtain and maintain in full force and effect at all times certain
property, liability and other insurance as hereina8er provided. All such insurance shall be
obtained, from responsible companies duly authorized to do insurance business in the State of
Colorado. All such insurance, to the extent possible and applicable, shall name the other Unit
Owner as an additional insured.
Section 7.02. Property Insurance.
(a) Each Unit Owner shall obtain and maintain property insurance insuring the
entirety of his/her Unit and its appurtenant L.C.E.s against loss or damage by fire and such other
hazazds as aze covered under standazd extended coverage policies, vandalism and malicious
mischief.
(b) The total amount of insurance must be not less than the full insurable
replacement cost of the insured property less applicable deductibles at the time the insurance is
purchased and at each renewal date, exclusive of land, excavations, foundations, and other items
normally excluded from property policies. Such insurance must include the exterior Units as
well as the finished interior surfaces of the walls, floors, and ceilings of the Units. The insurance
shall include improvements and betterments installed by Unit Owners.
Section 7.03. General Liability Insurance. Each Unit Owner shall obtain and maintain
general liability insurance against claims and liabilities arising in connection with the ownership,
existence, use, or management of the common elements in the amount of $1,000,000.00 for each
occurrence including bodily injury and/or property damage, insuring the Unit Owner and his/her
respective employees, agents, and all persons acting as agents. The other Unit Owner shall be
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included as an additional insured, but only for claims and liabilities arising in connection with the
ownership, existence, use, or management of the common elements. The insurance shall cover
claims of one or more insured parties against other insured parties.
Section 7.04. Insurance by Owners. Each Unit Owner shall be responsible for
obtaining incnrance he or she deems desirable for his or her Unit, including insurance covering
furnishings and personal property belonging to that Unit Owner and covering personal liability of
that Unit Owner.
Section 7.05. Destruction or Damaee to Proaerty.
(a) Any portion of the Condominium for which insurance is required under
this section which is damaged or destroyed must be repaired or replaced promptly by the Unit
Owner unless the Condominium is terminated, or repair or replacement would be illegal under
any state or local statute or ordinance governing health or safety, or one hundred percent (100%)
of the Unit Owners vote not to rebuild, or prior to the conveyance of any such Unit to a person
other than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the
Condominium rightfully demands all or a substantial part of the insurance proceeds.
(b) The cost of repair or replacement in excess of insurance proceeds and
reserves is an expense to be borne solely by the Unit Owner affect, i.e•, the Unit Owner of the
Unit or its appurtenant L.C.E.s.
ARTICLE 8
NIISCELLANEOUS
Section 8.01. Amendment of Declaration. This Declaration may be amended pursuant
to Section 38-33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map
shall be prepazed, executed, recorded, and certified by 100% of the Unit Owners. All expenses
associated with preparing and recording an amendment to the Declaration or to the
Condominium Map shall be shared equally by the Unit Owners. Every amendment to the
Declazation must be recorded in Pitkin County and is effective only upon recordation. No action
to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this
section may be brought more than one year after the amendment is recorded.
Section 8.02. Successors and Assi~s. This Declaration shall be binding upon and
shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal
representatives, successors and assigns.
Section 8.03. Severability. Invalidity or unenforceability of any provisions of this
Declaration in whole or in part shall not affect the validity or enforceability of any other
provision or any valid and enforceable part of a provision of this Declaration.
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Section 8.04. Captions. The captions and headings in this instrument aze for
convenience only and shall not be considered in construing any provisions of this Declaration.
Section 8.05. No Waiver. Failure to enforce any provisions of this Declaration shall not
operate as a waiver of any such provision or of any other provision of this Declaration.
IN WITNESS WHEREOF, the Declazants have caused this Declaration to be executed
this day of , 2009.
DECLARANTS:
,.
Ralph P. Melville
r ~? Teresa M. Lee-Melville
Craig W. Melville
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Marian H. Melville
The foregoing was subscribed and sworn to before me this day of , 2009, by
Teresa M. Lee-Melville, Craig W. Melville, Marian H. Melville, and Ralph P. Melville
Witness my hand and official seal.
My commission expires:
Melville\condo.dec
Notary Public
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE APPLICATION PACKET
THE CITY OF ASpEn
Attached is an Application for review of Development that requires Land Use Review pursuant to
the City of Aspen Land Use Code. Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Land Use Application Fonn
3. Dimensional Requirements Form
4. Matrix of Land Use Application Requirements/Submittal Requirements Key
5. General Summary of Your Application Process
6. Public Heazing Notice Requirements
7. Affidavit of Notice
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal
Code. Title 26 ofthe Aspen Municipal Code is available at the City Clerk's Office on the second
floor of City Hall and on the Internet at www.asoenpitkin.com ,City Departments, City Clerk,
Municipal Code, and search Title 26.
We strongly encourage all applicants to hold apre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to
determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials
and Staff time.
Please 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 cannot possibly replicate 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.
ATTACHMENTI
CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY
The City of Aspen, pursuant to Ordinance 48 (Series of 2006), has established a fee structure for
the processing of land use applications. A flat fee or deposit is collected for land use
applications based on the type of application submitted. Referral fees for other City departments
reviewing the application will also be collected when necessary. One check including the
deposit for Planning and referral agency fees must be submitted with each land use application,
made payable to the City of Aspen. Applications will not be accepted for processing without the
required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is
required, as hours are likely to vary substantially from one application to another. Actual'staff
time spent will be charged against the deposit. Several different staff members may charge their
time spent on the case in addition to the case planner. Staff time is logged to the case and staff
can provide a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as required, no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an Agreement for Pavment of Development
Application Fees. The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application. The Agreement must be signed by the party
responsible for payment and submitted with the application and fee in order for a land use case to
be opened.
The current complete fee schedule for land use applications is listed on the next page.
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A I IAGMMtN 14-GUN 1'U-
1. Land Use Application with
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 [he parcel on which
development is proposed to occur.
3. A disclosure of ownership of the
parcel on which 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 [he 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 site improvement survey including
topography and vegetation showing the
curent status of the parcel certified 6y a
registered land surveyor, licensed in the
State of Colorado. (This requirement, or
any part thereof, may be waived by the
Community Development Department if
the project is determined not to wartanl a
survey document.)
12. Accurate elevations (in relation to
mean sea level) of the lowest Door,
including basement, of all new or
substantially improved structures; a
verification and recordation of the actual
elevation in relation to mean sea level to
which any stmc[ure is conswcled; a
demonstration that all new constmction or
substantial improvements will be
anchored [o prevent flotation, collapse or
lateral movement of any structure to be
conswcted or improved; a demonstration
that the stmcture will have the lowest
floor, including bazement, elevated to at
least two (2) feet above the base flood
elevation, all as certified by a registered
professional engineer or architect.
13. A landscape plan that includes
native vegetative screening of no less than
fifty (50) percent ofthe development az
viewed from the rear (slope) of the parcel.
All vegetative screening shall be
maintained in perpetuity and shall be
replaced with the same or comparable
material should it die.
14. Site sections drown by a registered
architect, landscape architect, or
engineer shall be submitted showing all
existing and proposed site elements, the
top of slope, and pertinent elevations
above sea level.
I5. Proposed elevations of the
development, including any rooftop
equipment and how it will be screened.
6. A site plan depicting the proposed 16. Proposed elevations of the
layout and the project's physical development, including any rooftop
relationship to the land and it's equipment and how it will be screened.
suroundings.
7. A written description of [he
proposal and a written explanation of
how a proposed development complies
with the review standards relevant [o [he
development application.
8. Plan with Existing and proposed
grades at two-foot contours, with five-foot
intervals for grades over [en (10) percent.
9. Proposed elevations of the development
10. A description of proposed
construction techniques [o be used.
11. A Plan with the 100-year Ooodplain
line and the high water line.
17. A sketch plan of the site showing
existing and proposed features which are
relevant to the review.
18. One (1) inch equals four hundred
(400) feet scale city map showing the
location of the proposed subdivision, all
adjacent lands owned by or under option
to the applicant, commonly known
landmarks, and the zone district in which
the proposed subdivision and adjacent
properties are located.
I9. A plat which reflects [he layout of
the lots, blocks and stmctures in the
proposed subdivision. The plat shall
be drawn at a scale of one (I) equals one
hundred (100) feel or larger. Architectural
scales are not acceptable. Sheet size shall
be twenty-four (24) inches by thirty-six
(36) inches. If it is necessary to place the
plat on more than a one (I) sheet, an index
shall be included on the first sheet. A
vicinity map shall also appear on the first
sheet showina the subdivision as it relates
rystem in [he area of the proposed
subdivision. The contents of the plat shall
be of sufficient detail to delernine
whether the proposed subdivision will
meet [he design standards pursuant to
Land Use Code Section 26.480.060(3).20.
Subdivision GIS Data.
21. A landxape plan showing location,
size, and type of proposed landscape
features.
22. A subdivision plat which meets the
terms of this chapter, and conforms to the
requirements of this title indicating [hat no
further subdivision may be granted (or
these lots nor will additional units be built
without receipt of applicable approvals
pursuant to this chapter and growth
management allocation pursuant to
Chapter 26.470.
23. The precse wording of any
proposed amendment
24. Site Plan or plans drawn to a scale of
one (1") inch equals ten (10') feet or one
(1") inch equals twenty (20') feet,
including before and "after" photographs
(simulations) specifying the location of
antennas, support stmctures, transmission
buildings and/or other accessory uses,
access, parking, fences, signs, lighting,
landscaped areas and sll adjacent land
uses within one-hundred fifty (150') feet.
Such plans and drawings should
demonstrate compliance with the Review
Standards of this Section.
25. FAA end FCC Coordination.
Statements regarding the regulations of
the Federal Aviation Administration
(FAA) and [he Federal Communications
Commission (FCC).
26. Structural Integrity Report from a
professional engineer licensed in the
State of Colorado.
27. Evidence [hat an effort was made to
locate on en existing wireless
telecommunication services facility
site including coverage/interference
analysis and capacity analysis and e
brief statement az [o other reasons for
success or no success.
28. Neighborhood block plan at
I "=50' (available from City Engineering
Department) Graphically show [he front
portions of all existing buildings on both
sides of [he block and their setback from
the sheet in feet. Identify parking and
front entry for each building and locate
any accessory dwelling units along the
alley. (Continued on next page)
Indicate whether any portions of the
houses immediately adjacent to the
subject parcel ere one story (only one
living level).
29. Roof Plao.
30. Photographic panorama. Show
elevations of all buildings on both sides of
the block, including present wndition oC
the subject property. Label photos and
mount on a presentation board
31. A condominium subdivisbn
exemption pWt drawn with permanent ink
on reproducible rtrylar. Sheet siu shall be
twenty-fom (24) inches by thirty-six (36)
inches with an unencumbered margin of one
and one-half (1 I/2) inches on the left hand
side of the sheet and cone-half (1!2) inch
margin around the other tlvee (3) sides of
the sheet pursuant m Land Use Code
Section 26.480.090.
32. A description and site plan of the
proposed development including a
statement of the objectives to be achieved
by the PUD and a description of the
proposed land uses, densities, natural
features, traffic and pedestrian circulation,
off-street parking, open space areas,
infrazwcture improvements, and site
drainage.
33. Anarchitectunl character plan
generally indicating the use, massing,
scale, and orientation of the proposed
buildings.
36. Eaterior Lighting Plan. Show the
location, height, type and luminous
intensity of each above grade fixture.
Estimate the site illumination az measured
in foot candles and include minimum,
maximum, and average illumination.
Additionally, provide comparable
examples already in the community that
demonstrate technique, specification, and/
or light level if they exist.
74. A writtrn description of the variance
being requested.
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ATTACHMENTS
DEVELOPMENT REVIEW PROCEDURE
1. Attend pre-application conference. During this one-on-one meeting, staff will
determine the review process which applies to your development proposal and will identify
the materials necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you
should respond to the application package and submit the requested number of copies of the
complete application and the appropriate processing fee to the Community Development
Deparhnent.
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notify you in writing whether the
application is complete or if additional materials are required. Please be aware that the
purpose of the completeness review is to determine whether ar not the information you have
submitted is adequate to review the request, and not whether the information is sufficient to
obtain approval.
4. Staff 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. During the staff review stage, the application will be refen•ed to other agencies
for comments. The Planner assigned to your case or the agency may contact you if
additional information is needed or if problems are identified. A memo will be written by
the staff member for signature by the Community Development 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.
Final approval of any Development Application which amends a recorded document,
such as a plat, agreement or deed restriction, will require the applicant to prepare an
amended version of that document for review and approval by staff. Staff will provide
the applicant with the applicable contents for the revised plat, while the City Attorney is
normally in charge of the form for recorded agreements and deed restrictions. We
suggest that you not go to the trouble or expense of preparing these documents until the
staff has determined that your application is eligible for the requested amendment or
exemption.
5. Board Review of Application. If a public hearing is required for the land use action
that you are requesting, then the Planning Staff will schedule a hearing date for the
application upon determination that the Application is complete. The heazing(s) will be
scheduled before the appropriate reviewing board(s). The Applicant will be required to
mail notice (one copy provided by the Community Development Department) to property
owners within 300 feet of the subject property and post notice (sign available at the
Community Development Department) of the public hearing on the site at least fifteen
(15) days prior to the hearing date (please see Attachment 6 for instructions). The
Planning Staff will publish notice of the heazing in the paper for land use requests that
require publication.
The Planning Staff will then formulate a recommendation on the land use request and
draft a memo to the reviewing boazd(s). Staff will supply the Applicant with a copy of
the Planning Staffs memo approximately 5 days prior to the heazing. The public
hearing(s) will take place before the appropriate review boazds. Public Hearings include
a presentation by the Planning Staff, a presentation by the Applicant (optional),
consideration of public comment, and the reviewing boazd's questions and decision.
6. Issuance of Development Order. If the land use review is approved, then the
Planning Staff will issue a Development Order which allows the Applicant to proceed into
Building Permit Application.
7. Receipt of Building Permit. Once you have received a copy of the signed staff
approval, you may proceed to building permit review. During this time, your project will be
examined For its compliance with the Uniform Building Code. It will also be checked For
compliance with applicable provisions of the Land Use Regulations which were not
reviewed in detail during the one step review (this might include a check of floor area ratios,
setbacks, parking, open space and the like). Fees for water, sewer, pazks and employee
housing will be collected if due. Any document required to be recorded, such as a plat, deed
restriction or agreement, will need to be reviewed and recorded before a Building Permit is
submitted.
f' y
ATTACHMENT6
PUBLIC HEARING NOTICING REQUIREMENTS
Three forms of notice are required by the Aspen Land Use Regulations: publication in the
newspaper, posting ofthe property, and mailing to surrounding landowners.
Following is a summary of the notice requirements, including identification of who is
responsible for completing the notice.
I. Publication -Publication of notice in a paper of general circulation in the City of
Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be
written by the Community Development Department and we will place the notice in the
paper within the appropriate deadline.
2. Posting -Posting of a sign in a conspicuous place on the property is to be done
fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of
the sign from the Community Development Department, to fill it in con•ectly and to bring
proof to the hearing that posting took place (use attached affidavit).
3. Mailing -Mailing of notice is to be made to all owners of property within 300 feet
of the subject development parcel by the applicant. It is the applicant's responsibility to
obtain a copy of the notice from the Community Development Department, to mail it
according to the following standards, and to bring proof to the hearing that the mailing took
place (use attached affidavit).
Notice to mineral Estate Owner. An Applicant for surface Development shall notify
affected mineral estate owners by at least thirty (30) days prior to the date scheduled for
the initial public hearing on the application for development. The applicant shall certify
that the notice has been provided to the mineral estate owners.
The names and addresses of property owners shall be those on the current tax records of
Pitkin County as they appeared no more than sixty (60) days prior to the date of public
hearing.
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: , 200_
STATE OF COLORADO )
ss.
County of Pitkin )
I, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public heazing and was continuously visible from the day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public heazing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
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s
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (1 S) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of , 200_, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPYOF THE PURL/CAT/ON
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
~_ RECEPTION#: 558192, 04/23/2009 t
10:10:21 AM,
'~ t of 8, R $41.00 Doc Code COND
DECI_AR
Janice K. Vos Caudill, Pitkin County, CO
THIS DECLARATION is made on the date set forth below by Craig W. Melville, Teresa
M. Lee-Melville, Ralph P. Melville, and Marian H. Melville, ("Dechnants'7.
RECITALS:
A. Declararns are the owners, as tenants in common as to an undivided 25X each, of
certain real estate in Pitlort County, Colorado, winch is more particularly described as Lot 5,
Block 2, Snovvbtmny Subdivision according to the plat thereof, recorded May 2,1957 in plat
book 2A at page 229 also k~wn as 1286 and 1290 Sitiowbunny Lane, City am Townsite of
Aspen (the Real Estate); and
B. Declarants desire to create a Condominium Common Interest Ownership
Community on the Real Estate, the name of which is Melville Condominiums, in which portions
of the Real Estate will be designated for separate ownrrslrip> and
C. Declarants have recorded a Condominium Map in Plat BookQo at Page ~ of the
Firkin County ra:ords.
ARTICLE 1
3IiRML~SION: DE_w'!1~TR_D TF_RMS
Section 1.01. Snbmissilen of Real Estate. (a) Declarants hereby declare that all of the
Real Estate shall beheld or sold, and conveyed subject to the following easements, restrictions,
covenants, and conditions which,are for the purpose ofprotecting the value and desirability of,
and which shall run with the Real Estate and be binding upon all parties having a~+ right, title or
intraest in the Real Estate and their assigns and shall imrre to the befit of each Owner thereof.
Additionally, Declarants hereby submits the real estate to the provisions ofthe Cokrca~
Common Interest Ownership Ad, Sections 38-33.3-101, et. seq., Colorado Revised Statutes, as
it may be amended from to time (the "Act", also refen+ed to as CCIOA). In the event the Act is
repealed, the Act, on the effective date of this Declaration, shall remain applicable.
Seetioa 1.02. DeSaed Terms. Each capitalized team not otherwise deSned in this
Declaration or in the Condominium Map shall have the meaning specified or used in the Act.
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ARTICLE 2 E rATE
.rc nver~urnlflON OF RF~AJ
,•••••. rc'IOA CONDO~-
Section 2.01. ~
(a) Condomrolrrm. Tl~ name of the Condominium is the Melville
Condominiums (the "fond°miniuan'~. This Common hest Community is a Condominium
regime.
~) . There shall be ~ homeowners association.
n ~~ 'fhe Condominitnn is located in Pitkin CountY> State of
Colorado, on heal Estate detxa~ibed ~Ve•
ARTICLE 3
~jomh~re of Units. The numbet of Units in the Condominium is two (2).
The Declarants reserve ~ rights ib create addi$o~l Units.
rr...HRc~tinn of Unit. The identification name or number of each Unit
is shoa~n~on the Condominium Msp. The Umts are named Unit 1286 and Unit 1290.
3 ~. ~ ' .The boundaries of each
and are more Particularly described as the
Unit are located as shown on the Condominium Map
exterior walls, floors and roofs of each Unit. The wall be4vveen~ ~~ beret her
Element Each ownex shall be solely responsible for all repairs
Unit and there are rbo shared expeases between the Unit Owners except as related to the
Driveway Area as set forth in Article 5, below.
cation 3,04, ~ bdivision of Units. A Unit shall r~R be fittt)ier' subdivided.
cr,~n 3.05. NO labor ~~ °r materials ~~ for use in
connection with any Unit with the consrAt or at the request of the Unit Owner thereof or his
agem, conuactod'> or subcontractor shall create any right do file a statement of mechanic's lien
against the Unit of any other Unit Owner not expressly canserthng to or req»eshng the same or
against mry interest in the elements except the undivided i therein apptu'tenant to
the Unit of the Unit Ownex for whom such labor shall have bees performed and such materials
shall have been 5anished. Each Unit Owrra shall indemnify and hold hamoless the other' Unit
Owner, &~n a~ liability or loss arising from the claim of any lien against the nnit, or any
part ilrerooL or any other Unit Owner' for labor Performed or for materials fumishod in work on
the first ownets umt..einy Unit Owner shall have the right w enforce such indemnity by
-2-
,.,
...>
collecting from the owner of the Unit on which the labor was perfom~ed and materials famished
the amount noces9an+ to discharge an)+ such lien, i>xhiding all costs incidental thereto, including
attorneys' fees.
ARTICLE 4
COMMON t+.r.Ft~rrrc AND LIl~IITED COMMON ELEMENTS
Section 4.A1. Common Elements.
(a) The "Common Elements" means all portions of the Condominium other
than the Units. They shall be owned jointly by the Unit owmas acxotding to the respective
percentages of their pro rata share of Limited Common Elemems apptntenam W their Units.
(b) Each Unit owner shall be obligated to and shall provide for tin: care,
operation, management, maintetiatice, improvement, repair and replacement of all Limited
Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing,
said obligations shall include kxping the Limited Common Elements in goad, clean, attractive
and sanitary condition, order and repair, renioviog senw of any other materials from the common
elements W permit axesa to the Condominiums and a~ Unit; keeping the Common Elements
attractive and desirable: and making nacxssary or desirable alterations, additions, bette<ments or
improvements m or oa the common elements, and paying utility charges which ate applicable to
each Unit even if such charge is made by a sharod meter or invoice.
(c) If damage is inflictcd, or a gong li7~elihood exists that it will be inflicted,
upon a~+ of the common elements or a~ Unit, the Unit Owtret responsible for the datoage, or
expense to avoid damage, is liable for ffie oost of prompt repair...
Section 4.82. >ihnited Cotnmoa Eksenb.
(a) A "Limited Common Element" means a portion of the Common Elenvents,
desigmtod in this Dechttation, or oa the Condominium Map, or by the Act, for the exclusivc use
of one but not both Units.
(b) The following portion of the building, in addition to the portions described
in Section 38-33.3-202(1 xb) and (d) of the Ad, are designated as Limited Comrnon Elements:
(i) die lawn, driveway and parking areas as shownon the
Condominium map;
(ii) any chute, flue, duct. wire. conduit, Pipe. cable, bearitrg wall,
bearing column or any other fixture lying partially within and partially outside the designated
boundaries of a Unit, or a~+ portion th«eof,
-3-
.*~ .^+
(iii) shutters, awnings, window boxes, doorsteps, scoops, porches,
roof overhangs, balconies, and patios a~ all exterior doors and windows or other 8xdu+es
designed to serve a single Unit but located outside the unit's boundaries;
(iv) balconies, patios or decks;
(v) doors leading from Units to balconies, and their related
frames, sills and hardware.
Section 4.03. Atlncation of Snccified Common Element. The only Commart Element
for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the
Condominium Map. Otherwise, each Unit Owner shall have the exclusive use of that portion of
the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium
Map.
ARTICLE 5
MAINTENANCE. REPAIR AND REPLACEMENT
Section 5.01. Ur ~ t. Each Unit owner shall be obligated to and shall provide for
the care, operation, managemem, maintenanx> improvement, repair and replecemeat of his/~r
Unit. Without limiting the generality of the foregoing, said obligations shall include but not be
limited w keeping the Unit in good, clean, attractive and sanitary rnndition, order and repair,
including all interior a~ exterior surfaces, roofs, and all Pipes. utility lines, etc. which are
located within the walls, ceiling and floors of each Umt.
Se~lioa 5,02, Because each of the Units have been
designated a specific yard area surrounding the Unit as a Limited Common Element, and because
these areas ate somewhat differcet with regard to landscaping and size,. the square footage of
driveway and sidewalk areas and snow removal requirements, the cost for work associated with
each of the Unit's yard areas shall be allocated to each Unit accordingly. With regard to
installation of new landscaping or fencing on the Limited Common Elements, written consent
must Srst be obtained from the other Unit Owner, which consort shall not be unreasonably
withheld so long as the planned landscaping and/or fencing does not »nreasonably negatively
impact the other Unit Owner, but costs for arch new installation shall be borne solely by the Unit
Owner roq~ting the same.
Section 5.03. Roof and Party WaO. A portion of the roof at the rear of Unit
1290 overhangs into the airspace of Unit 1286. The Unit 1290 owner shall have the right to
access and maintenance of this roof area. Each owner agrees to allow the other to access that
potion of the other Unit for the purposes of mair~ining any portion of the wall between the units
or the Owner's roof.
-4-
ARTICLE 6
RESTRICTIONS ON USE. ALIENATION AND OCCUPANCY
Serkion 6.01. No Nozieru. Ogeasive. Haardoas or Annorina AdivNia. No noxious
or offensive activity shall be curried ~ upon any part of the Conclominitmt nor shall anything be
done or placed on or in part of the Co~ominium nor shall anything be dome ~ placed on or in
part of the Condominium which is or may biome a mrisance or cause embmrassmeat,
disturbance or annoyance to others. No activity shall be conducted on any pad of the
Condominium and be improvements sha11 be made or ~nstnrcted on a~ pant of the
Condominium which are or might be unsafe or hazeu+dous to a~ person or property. No sound
shall be emitted on any part of the Condominium which is umeasonab~y loud or annoying. No
odor shall be emitted on a~ pad of the Condomiruiunt which is noxious of offensive to others.
No light shall be emitted from a>uy pad of the Coadomiriurm which is tnreasonabty bright or
causes rmreasonable glare.
Section 6.02. No Unsie6t6aw. No unsightliness shall be permitted on or in auy part of
the Condominium. Without limiting the generality of the foregoing, aot6iag shall be kept or
stored on or in any of the common elements, nothing shall be hung or placed on a>uy of the
common elements, and nothing shall be phuood on or in windows of doors of amts which would
or might create an umsightlY aPP•
Section 6.03. Ma~teeaaee of Units and Common Ekaaents. Each Unit exterior and
the common elements and limited cornnnom elemems shall be maid in a clew, safe,
attractive and sightly condition and in good repair. No major atferations to the exterior of a Unit
or with respect to any common elements shall be made without the prior written consent of both
Unit Owmers.
Section 6.04. C 11:, due to the ad or neglect of a Unit Owner,
loss or damage shall be caused to any person or property, including the Condominium ~ any
Unit therein, such Unit Owma shall be liable and responsible for the same except to the extent
that such damage or loss is covered by insurance obtained by the Unit Owner.
Section 6.05. No Immirmoat of Stractaral Inte~ity. Nothing shall be done, without
the written ooa~ent of the other Unit Owner, in, on or to, any Unit or the common ekment4, or
any portion thaeot, which might impair the strocUral i~grity of the Condominium.
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Section 6.06. No Viohtioa of Roles. No Unit Owner shall violate the provisions of this
Declaration. In the event any Umt Owrar is required to seek enforcement through legal
proceedings, all attomcys' fees, costs and expenses shall be paid by the defaulting Owner.
Section 6.07. ResooasibiN~ia of Owners. Whenever this Declaration or any rule or
regulation of the Association prohibits any action of, or assigns responsibility to, any Unit Owner
and a~ provision of the Declaration or rule of regulation is violated by a tenant, licxnsee or guest
of any Unit Owner (or anyone oceupying the premises with his consent), the Umt Owner shall be
responsible for a~ such violation to the same extent as if the Unit Owner had committed the
same (except to the extesbt that such liability is proln'bited by law).
Section 6.08. Res of Alieaatioa. A Unit may not be conveyed pursuant to a
time-sharing t descn'bed in Sectiaats 38-33-110 to 113, Colorado Revised Statutes.
ARTICLE 7
IlNSURANCE
Seetioa 7.01. Commencing upon pumJrase of a
Unit, each Unit Owns shall obtain and noai~in in full force a~ effect at all times certain
ptoperiy, liability and other inwaaocx as hereinafter' provided. All snch inWaant:e shall be
obtained, fig responsible companies duly authorized to do iostusntx business in the State of
Colorado. All such iawrrmcx, to the exteffi possible and applicable, shalt r~ the other Unit
Owner as an additional iustued.
Section 7AZ. Properly Iasarance.
(a) Each Umt.Owna shall obtain and maintain properly insuuance insuring the
entirety of his/her Unit and its L.C.E.s against toes or damage by Sr+e and such other
hazards as are covered under d extended ~wvrtage policies, vandalism and malicious
mischief.
(b) The total amount of insurance must be not less than the frill insurable
replecxment cost of the insured ptoperly less applicable deductibles at the time the insurance is
purchased and at each teoewal date, exclusive of land, excavations, fotmdations, and other items
normally excluded from properly policies. such iostamrce must ittcltrdo the wtterior Uinta as
well as the finished ituexior surfaces ofthe walls, floors, and ceilings ofthe Units. The inWUance
shall include improvements and beltaments installed by Umt Owners.
Seetioa 7.03. Gaeeral I.iabBity Imaraa e. Each Unit Owner shall obtain and maintain
general liability inaittanco against claims and Liabilities arising in with the ownership,
exisbencx, use, or managemeffi of the common elements in the amotmt of 51,000,000.00 far each
ocanrecee including bodily injury and/or property damage, inswing the Unit Owtter and his/her
respective employees, agoras, and all persons acting as agents. The other Unit Owner shall be
-6-
~.
included as an additional inwn+ed, but only for chums s~ liabilities arising in comrecKion with the
ownership, existence, use, or management of the common elements. The insurance shall cover
claims of one or more insured patties against other insured patties.:.
Section 7,0q, iaAaraace by Owners. Each Unit Owner shall be responsible for
obtaining inssuratrce he or she deems desirable for his ~ her Umt, including insurarKx covering
furnishings and personal property belonging to that Unit Owner and covering personal liability of
that Unit Owner.
Section 7.05. Destrndioa or Dntotae to Property.
(a) Any portion of the Condominium for which insurance is required under
this section which is damaged or destroyed must be repaired or replaced promptly by the Unit
Owner unless the Condominium is te®inated, or repair or teplacemerrt would be illegal under
any state or local statute or ordinance govemiog health air safety, or one hundred percent (100%)
of the Unit Owners vote not to rebuild, or prior to the conveyance of a~ such Umt to a person
other than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the
Condominium rightfully demands all or a strbsmntial part of the inwnar«x proceeds.
(b) The cost of repair or replacemrnt in excess of iaWUance proceeds and
reserves is an expense to be borne solely by the Umt Owner affect, ~, the Umt Ownea of the
Unit or its appurtenant L.C.Es.
ARTICLE 8
MIS['FI.I.ANT.oUS
This Declaration may be amended pursuant
to Suction 3&33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map
shall be prepared, executed, recorded, and certified by 100% of the Umt Owners. All expenses
associated with preper'iog and recwrding an amendment m the Declaration or to the
Condominium Map shall be abated equally by the Unit Owners. Every ame~t to the
Declaration must be reoorded in 1'itkin County and is effective only upon r+eoondation. No action
to challenge the validity of an properly adoptod by the Unit Owners parsaant w this
section may be brought more than one year after the amendment is recordded.
~+etioa 8.OZ. Saoctsson sad Assieas. This Declaration shall be binding upon and
shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal
reprrs~tivea, sttcceseors acrd assigns.
8, 3, obi ' .Invalidity or unenforceability of a~ provisions of this
Declaration in whole or in part shall not affect the validity or enforceability of any other
provision or any valid and enforceable part of a provision of this Dechnation
-7-
Section 8.04. Cannons. The captions and headings in this inshvm~t are for
convenience only and shall not be considered in construing any provisions of this Dechuation.
3ecnon 8.05. No Waiver. Failure to enforce aay provisions of this Declaration shall not
operate as a waiver of any such provision or of a~+ other provision of this Declaration.
IN WPFNESS WHEREOF, the Declarams have caused this Declaration to be executed
this ~ day of A-P Rt ~ , 2009.
STATE OF COLORADO
COUNTY OF PITKIN
ss.
DECLARANTS`
_=~~
Craig w. Melville
Teresa M. Lee-Melville
Ral h Melvill
Manan H. Melville
The foregoing was subscribed and swam to before me this %- ~ day of ~ , 2009, by
Craig W. Melville, Teresa M. Lee•Melville, Ralph P. Melville and Marian H. Melville.
witness my hand and official seal.
My commission expires:
J. SCOTT MORRIS
N01'ARY I'tiBLIC
STATE OF COLORADO
Me ~ ~-_mmiss~on Expires 1 110 61201 0
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Document of Recordation: April 24, 2009
Condominium Plat 1286 and 1290 Snowbunny Lane
Book 90, Page 92
Plat reception number: 558192
Declaration reception number: 558192
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~~
~ ""'~ Stewart Title of Colorado, Inc.
Aspea Division
'~ ~,~ 620 East Hopkins Avenue
~
y,,~t,
P.v
titl@ of Colorado Aspen, Colorado 81611 ~
~
Phone: 970.925-3577 ,.~~ ~ ';;~
,~~,
f.
Fax:970-925-1384
Dste: September 29, 2008 /r`G,
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OrderNnmber:
B
20943
To Be Determined ~; ,.
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F% ~^
F
uyer:
Seller:
Melville
Melville and Marian H
Ralph P D,o <~
2j
Property Address: .
.
1290 Snowbunny Lane, Aspen, CO 81611 F'tJ'
Please direct all Escrow inquiries to:
Please direct all Title inquiries to:
Linda Williams
Phoue: 970-766-0234
Email Addrem: IwiBiam3tp~stewart.com
SELLER:
Ralph P. Melville
Marian H. Melville
1286 Snowbunny Lane
Aspen, Colorado 81611
LISTING BROKER:
None
LENDER:
To Be Determined
BUYER/BORROWER:
To Be Determined
SELLING BROKER:
None
OTHER CONTACTS:
Whitsit[ and Gross, PC
Attn: Eric Gross
320 Main Street
Suite 200
Carbondale, Colorado 81623
Phone: (970)963-6363
Fax: (970)963-6667
We Appreciate Your Business And Look Forward to Serving You in the Future.
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
~~~~
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and chazges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:~~ /
CYf~ ~G(/ ''f
IIZEIt COmtati~Yp9E
Stewart Title of Colorado, Inc.
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone:970-925-3577
Fax: 970-925-1384
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title guaranty company
t
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Senior Charman of t a eeaM
Chairman of as Board
President
Order Number. 20943 ALTA Commitment (6/17/06)
,. ,
~,
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: September 4, 2008, at 7:30 A.M.
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's (Standazd)
Proposed Insured:
TO BE DETERMINED
(b) A.L.T.A. Loan
Order Number: 20943
Amount of Insurance
$ TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
CRAIG W. MELVII.LE, TERESA M. LEE-MELVII,LE, RALPH P. MELVII.LE and
MARIAN H. MELVII,LE
5. The land referred to in this Commitment is described as follows:
Lot 5,
Block 2,
SNOWBUNNY SUBDIVLSION,
according to the Plat thereof recorded May 2, 1957 in Plat Book 2A at Page 229.
COUNTY OF PTTKIN, STATE OF COLORADO.
Purported Address: Statement of Chazges:
1290 Snowbunny Lane These charges are due and payable before a Policy can
Aspen, Colorado 8161 I be issued:
TILE COMMITMENT FEE:
$175.00
Order Number: 20943 (- ~~~~
ALTA Commitment (N17/06) - Schedule A Uae 9,~„my comparry
Page 1 aS 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 1
REQUIREMENTS
Order Number: 20943
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interestto beinsured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
NONE: IT IS UNDERSTOOD THAT THE COMMITMENT IF FOR INFORMATIONAL
PURPOSES,
NO POLICY WILL BE ISSUED UNDER IT
Order Numbs: 20943 ~~t
ALTA Cmmnimkut (6/(7!06) - Scbcduk B I title ~~, ~Per+Y
Page 1 of i
,,~,
COMNIITMENT FOR TITLE INSURANCE
SCHEDULE B - Sectlon 2
EXCEPTIONS
Order Number: 20943
The policy or policies to be issued will contain exceptions to the following miles the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and not
shown by the public records.
4. Any Iien, or right to a ben, for services, labor or material heretofore or hereafter furnished,
imposed by Iaw and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, it any, created, fast appearing
the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fu-e protection, soil
conservation or other district or inclusion in any water service of street improvement area.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises, as reserved in United States Patent recorded June
16, 1894 in Book 55 at Page 45.
11. Easements for utilities or other purposes as shown on the Plat of Snowbunny Subdivision recorded
as Document No. 105066 and easements for utilities as reserved in Paragraph No. 6 of instrument
recorded May 2, 1957 in Book 181 at Page 255 as Reception No. 105074, and Assignment of
Powers and Duties under Paragraph 5 thereof recorded October 13, 1965 in Book 216 at Page 96
as Reception No. 127079.
Order Number: 20943
ALTA Commihneo[ (6/l7/06) - Schedule B 2
Page 1 of 2 title ~~~ °O~Y
C;
12. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any,
based on race, color, religion or national origin as contained in instrument recorded in Book 181 at
Page 255 of the records for Pitkin County, Colorado.
13. Declaration of Trust recorded August 8, 1958 in Book 184 at Page 435.
14. Accessory Dwelling Unit Deed Restriction, Pursuant to Section 26.40.090 of the City of Aspen
Municipal Code as set forth in instrument recorded July 1, 1999 as Reception No. 432898.
15. Sidewalk, Curb and Gutter Itnprovement Agreement as set forth in instrument recorded August 2,
1999 as Reception No. 433973.
Oder Number: 2fNJ43 ~~
ALTA Commitmrnl(6/t7/06)-SchedukB2 V~i~~~V///~~~-~~~-fffrrrW~Y~~~ ~~~`
Utle guaranty company
Page 2 of 2
~>
'~..
DISCLOSURES
Order Number: 20943
Note: Pursuant to C.RS. 10-11-122, notice is hereby given that:
A. The subject real property may be located in a special taxing district;
,,..,
.~.~
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the hosed of
county commissioners, the county clerk and recorder, or the wunty assessor.
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (~) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior m the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed" Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is
responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be asingle-family residence, which includes a
condominium of townhouse unit.
No labor or materials have been furnished by mechanics or materiahnen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 nanths.
C. The Company must receive an appropriau affidavit indemnifying the Company against unfilled
mchanic's and Materiahnen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of ilre Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company: and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geotherrtral energy in the property; and
B. That such mineral estate may include the right m enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHBYG HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITiON3 ARE FULLY
SATISFIED.
Qdu Number: 20943
Disclosures
.~.
Stewart Tale Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company .
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collcet about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform mazketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope staffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT LS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guazd
your nonpublic personal information.
Stewart Title of Colorado, Inc.
DISCLOSURE
The title company, Stewart Title of Colorado, Inc. -Aspen Division in its capacity as
escrow agent, has been authorized to receive funds and disburse them when all funds
received are either: (a) available for immediate withdrawal as a matter of right from the
financial institution in which the funds are deposited, or (b) are available for immediate
withdrawal as a consequence of an agreement of a financial institution in which the funds
are to be deposited or a financial institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title
company with computer accounting or auditing services, or other bank services, either
directly or through a separate entity which may or may not be affiliated with the title
company. This separate entity may chazge the financial institution reasonable and proper
compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of
advantageous interest rates on loans, sometimes referred to as preferred rate loan
programs, relating to loans the title company has with the financial institution. The title
company shall not be liable for any interest or other charges on the earnest money and
shall be under no duty to invest or reinvest funds held by it at any time. In the event that
the parties to this transaction have agreed to have interest on earnest money deposit
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, then the earnest money shall remain in an account designated for such
purpose, and the interest money shall be delivered to the title company at closing.
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such latowledge to the
Company, or if the Company otherwise acquires actual ]rnowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incun~ed in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown th Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed fot and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an azbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be azbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
http://www.alta.org.
S~W~'t
title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company sha0 be
addressed to it at P.O. Box 2029, Houston, Texas 77252.