HomeMy WebLinkAboutLand Use Case.617 N 4th St.0037.2010.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0037.2010.ASLU
PARCEL ID NUMBERS 2735 121 23 001
PROJECTS ADDRESS 617 N FOURTH ST
PLANNER BEN GAGNON
CASE DESCRIPTION SUBDIVISION EXEMPTION
REPRESENTATIVE DAVIS/ HORN
DATE OF FINAL ACTION 09.21.10
CLOSED BY ANGELA SCOREY ON: 12.28.11
0037.2010.ASLU
617 N. Fourth St.
Subdivision Exemption
First Amended Condo Plat (Rome -Gik)
Note to file:
The amended plat was reviewed, approved and signed by relevant parties and recorded in
the Pitkin County Clerk and Recorder's Office on September 21, 2010, at Book 94, Page
59, Reception No. 573686.
Ben Gagnon
Special Projects Planner
City of Aspen
Community gevelopment Dept.
Davis Horn-
PLANNING & REAL ESTATE CONSULTING
July 8, 2010 RECEIVED
Jennifer Phelan JUL. 0 g p010
Aspen Community Development Department
130 South Galena Street CITY OF ASPEN
Aspen, CO. 81611 COMMUNITY DEVELOPM
RE: Amendment to an Existing Condominium Plat for a Duplex at 617 North Fourth Street -
ROME-GIK Condominums Units 1 and 2, Aspen CO. (PID# 2735 121 23 001)
Dear Jennifer:
Davis Horn Incorporated represents Hopeward Property Development LLC (Hope Lefeber and
Howard Kessler- hereinafter referred to as the applicant) in this land use application. Hopeward
Property Development LLC owns Unit 1 in the two unit duplex condominium known as the
ROME -GIK Condominiums at 617 North Fourth Street in the City of Aspen. Unit 2 is owned by
Gilbert T. Vanderaa III and Emily Kolbe.
Several additions to the two ROME -GIK Condominiums have been made over the years since
the units were first condominiumized in 1972. A substantial remodeling of Unit 1 was recently
completed. This request is to approve amendments to the recorded condominium plat to reflect
the additions made over the years, to further clarify the Limited Common Elements (LCEs) and
General Common Elements (GCEs), to document that the maximum allowed floor area for the
lot is to be divided equally between the two units and to record these amendments on an updated
condominium plat.
Please refer to Attachment 1, a vicinity map showing the location of the duplex condominium,
Attachment 2, the approved and recorded Condominium Map of the ROME -GIK Condominium
from 1972 and Attachment 3, the proposed updated First Amended Condominium Map of the
ROME -GIK Condominiums.
Please also refer to Attachment 4, the pre - application conference summary for this request. As
shown in the summary, two sections of the City of Aspen Land Use Regulations are to be
addressed, Section 26.304 Common Development Review Procedures (as applicable) and
Section 26.480.090 Condominiumization. Section 26.304 addresses the requirements of a land
use application including plat requirements and submission requirements. All of the applicable
requirements have been met for this application. The First Amended Condominium Map is
found in Attachment 3. This plat meets all the necessary and applicable Code requirements.
Section 24.480.090 entitled Condominiumization, includes information on the general purpose of
condominiumization and the procedures for obtaining approval. The procedures include the
details of the contents of an application, the plat and recordation requirements. The proposed
First Amended Condominium Map of the ROME -GIK Condominiums meets these requirements.
If approved, the plat will be recorded within 180 days of approval as required.
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
adavis @rof.net ghorn @rof.net
Section 26.480.090 also addresses a Subdivision Agreement. This section states:
"No subdivision agreement need be prepared or entered into between the applicant and
the city pursuant to a condominium or condominiumization approval unless the
Community Development Director determines such an agreement is necessary."
The applicant does not believe that this small two unit condominium needs a subdivision
agreement. The Condominium Declaration for the ROME -GIK Condominiums is found in
Attachment 5. This document was approved and recorded in 1977 and has been sufficient for the
two unit complex over the years. The Declaration has adequately served the needs of the various
owners over the years.
The proposed condominium plat amendment will further clarify the General Common Elements
(GCEs) and Limited Common Elements (LCEs) as they have evolved over the life of the
condominium and will clarify that the allowed floor area is divided equally between the two
units.
Hopeward Property Development LLC is refinancing the mortgage on Unit 1 and an updated
recorded condominium plat is a requirement of the loan. As shown in the fee agreement, the
applicant and owners of Unit 1, Hopeward Property Development LLC, will pay the land use
application fee and any costs incurred for the land use approval. Gilbert T. Vanderaa III and
Emily Kolbe, the owners of Unit 2 in the ROME -GIK Condominiums, will not pay any costs
associated with this land use application.
The following attachments are included with this application:
Attachment 1: Vicinity Map;
Attachment 2: Condominium Map of ROME -GIK Condominiums from 1972;
Attachment 3: Proposed First Amended Condominium Map of ROME GIK Condominiums;
Attachment 4: Pre - application Conference Summary;
Attachment 5: Condominium Declaration for the ROME -GIK Condominiums from 1977;
Attachment 6: Agreement for Payment of Lnad Use Application Fees;
Attachment 7: Letter Authorizing Davis Horn Inc to represent the owners in this review; and
Attachment 8: Proof of Ownership.
Please call if you have any questions or if we have neglected to address any of your concerns.
Thank you for your assistance with this application.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
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PItO ll.c l . ATTACHMENT 2 -LAND USE APPLICATION C17y OF 9 201p
coo
L ' gs /1 p� � N '�11
Name: ( 1MO 'llf Jr -/ v (C(r/ 1I1c1/) 7(( 1<i: C -1 [ --
Location: (47 N. rip(1(-fIV Cf. (- .`ilt - (1
� 5111 CC(rklll(n(c_Jrl
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) .2735 - I.) 1 - 22)- r r I
APPLICANT: ,,!
Name: Ho pphL761 rLi Pro pc !'-1 t - LV t o r rt- bI_ 1
Address: 145,3 Fla- Puree. /Year/ /L r f - r-tf, Pi) . /'7t
Phone #: (c lO 57
REPRESENTATIVE:
Name: Ccil,'IS Ett'rn Toe 9'7C Cla,S / 5 7
Address: 215 S. m r na I 1l Sc lI _ I - 1 '(l (0 0/ , / ,
Phone #: q7r Q2-5 (< 5S 7
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 NI Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings. uses. previous approvals. etc.)
Two tin ii (citpLe0 CcnndrOiill e wiz in) iii owl 2 e/ 1', 072
1-1-644:1 cn 5 // coroits nuri( evr 1 ivr - v(a(3 adc in /r
cn f pa pcsFcl First Ed it nafc1 C c/cc'c ihinf urn l i 1tip ct &c " -:cn c _
PROPOSAL: (description of proposed buildings, uses. modifications. etc.) ;cwt.:,
t'�
CH 5 • A jet rrwri / ric c/ (Y'ly[ / pin -I k IY7 ( x i. c , /i(r/
((MidI -/!r), l-cil)r(rl5 Ma//( l - , (1 iIJ I t als. u•i1( iy (-; (v I ,/ I
Have you attached the following? FEI& Ur E: S 7 ? " / t t / I
® Pre- Application Conference Summary
® Attachment #1, Signed Fee Agreement / I i i „t I
❑ Response to Attachment #3, Dimensional Requirements Form / ( 1 i , ., , i I
® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3 -D Model for large project n/a
All plans that are larger than 8.5" X 11" must he folded. A disk with an electric copy of all written text
(Microsoft Word Formal) must he submitted as part of the application. Large scale projects should include an
electronic 3 -1) model. Your pre- application conference summary will indicate if you must submit a 3 -1) motet.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT fr7{Q[.clnl¢I*
A ' re:, ,nt for 1'a .men( rarity nl As en Develo ment A
Hendon Frrr
(.'IT Of ASPEN (hereinahcr CITY) and
(hcrcnalicr APPt.JCAN'1( AGRLI: AS FOLf.UWS.
AP'L1C. T has • e mood io CITY an application fur
Ihtren+ alter, 111E PROJECT).
v' ' n + tit it t` -2 c —Cr C. ri
2. APPLF(y,NT understands and agrees that City of Aspen Ordinance No 5? (Series of 20001
establishes a ice structure for Land Usc applications and the payment of all processing fees is a condition preccden'
to a determination of application completeness.
3. APPLICANT and CC[Y agree that because of the size. nature or scope of the proposed project, n
is not possible al this tirne to ascertain the fait extent of the costs involved in processing the application
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of at:
initial deposit and lo thereafter permit additional casts to be billed to APPLJCANT on a month[
APPLICANT agrees additional costs may accrue following their hearings
will he benctited by retaining greater cash liquidity y basis.
�s additional payments upon notification by the
approvals. APPLICANT agree. he
• -.,T�. 'r. mflr. - Y and will make addnwnal
4. cult and APPLICANT further agrees that it is impracticable for CfiY staff to complete
processing or present sufficient information to the Pfanning Commission and'nr City Council the Plannin
Commission and;or City Council to make [cgaily rtquired findings for project consideratin tin[ ss billings
are paid in cull prior to decision.
5. Therefore. APPLICANT agrees that in consideration of the CITY'S waiver of its right to collect
full fees prior to �a • �'nation of application completeness, APPLICANT shall pay an initial deposit in the
}moon[ c:'S "_ — F'aati svhich is fnr
recnrdcc f rosts exceed the initial de — hours of Community Development staff time, and if actual
the CI for the processing ()Me application l m nioned shah bo ve, post ay roval view at a hate of 5g CITY to rcimbn00 ngs to
0
per planner hour over the initial deposit. Such periodic payments shall p date.
APPLICANT further agrees That failure to c be grounds round coo s days of the billing date"
in no case will building permits be issued until allcosts associated w th cas 6 e processing shave have bee been paproeessin',
b
anti paid.
CITY OF ASPEN
APPLICANT H
D Peat* l
Bt: "�''� '
Chris Bendon gy'=r
Community Development Director Date: , .__'
•
Sill ru Mailing Ad dress and Telephone Nunt her:
A
g; buppart iformslag rpavas.dor
02 /01/0
P-4-lochretr ?c
(co n4)
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: IR odmy - 6;t r w) ml nih>m 5 Dods l -4-7
Applicant: ) boOr'O( / 7)PL /Opn LC r' / L
Location: (- AJ, /-t'ti,4 S' ( 1 e) ¶)'/ //
Zone District: R (
Lot Size: 4375 .s-(-
Lot Area: '437,5
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 4 Proposed: N/
Number of residential units: Existing: Z Proposed: jm t ; (' }Y Yl
Number of bedrooms: Existing: lv //a Proposed: no P ha n
Proposed % of demolition (Historic properties only): N /
Al /1
DIMENSIONS: i /t-1-
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: Required: Proposed:
Rear Setback: Existing: 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: N //1
/�
Variations requested: i VI ( /'(
A4la.ch+ q
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429 -2759 DATE: 5/6/10
REPRESENTATIVE: Beb- fisher Caul 5 {-Harr -l-n c.
TYPE OF APPLICATION: Condominiumization
DESCRIPTION: The property owner would like to amend an existing condominium plat for a duplex
located with Hallam's Addition. As described by the representative, the duplex has
been added to over time; however, the plat has not been amended to reflect the
improvements.
Land Use Code Section(s) RFC
26.304 Common Development Review Procedures (as applicable) JO o
26.480.090 Condominiumization c fr 0
0
9
Review by: - Staff for complete application � � ro,
- Community Development Director for condominiumization �fyF p /y at
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $245
per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies: 2 paper copies of the draft plat
To apply, submit the following information:
1. Total Deposit for review of application.
2. 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.
3. 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.
4. Completed Land Use Application. (only pages 3 and 4 of the link below)
5. http: / /www.aspenpitkin.com /Portals /0 /docs /City /Comdev/ Apps% 20and %20Fees /landuseappform.pdf
6. Pre - application Conference Summary.
7. Letter authorizing owner representation.
8. HOA consent to the application.
9. Proposed condominium plat.
11. All other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above).
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 may or may not
be accurate. The summary does not create a legal or vested right.
CONDOMINIUM DE:LARATION
Mi keh
FOR
" 7 THE ROME -GIK CONDOMINIUMS
• r k ,
•
$ KNOW ALL MEN BY THESE PRESENTS:
) WHEREAS, DALE and BEVERLY MARS, hereinafter called the "Declarant,"
� is the o, ruof the of follow following described ribedlreal property situated in the City
1 ' , Aspen,
, Hallam Addition South 35' of the North 79' of Lots
16, 17, 18, 19, 20, Block 99-
WHEREAS, Declarant desires to establish a condominium project
under the Condominium Ownership Act of the State of Colorado; and
WHEREAS, Declarant has sJbdivided a duplex and other improvements
" " appurtenant thereto on the above- described property which shall consist
of two separately designated condominium units; and
WHEREAS, Declarant does hereby establish a plan for the ownership
in fee simple of real property estates consisting of the area of space
contained in each of the apartment units in the building improvement, and
the co- ownership by the individual and separate owners thereof, as tenants
in common, of all of the remaining real property hereinafter defined Ind
t. referred to as the General Common Elements;
NOW, THEREFORE, Declarant does hereby publish and declare that
the following terms, covenants, conditions, easements, restrictions, uses,
limitations and obligations shall he deemed to run with the land, shall
be a burden and benefit to Declarant, Declarant's heirs, personal repre-
sentatives, successors, and assigns and any persons acquiring or owning
an interest in the real property and improvements, their grantees,
successors, heirs, executors, acministrators, devisees or assigns.
1. DEFINITIONS. Unless the context shall expressly provide
otherwise, the following definitions shall apply:
(a) "Apartment," "Apartment Unit," or "Unit" means an
individual air space which is contained within the unfinished
interior surfaces of the perimeter walls, floors, ceilings,
windows and doors and between ceilings and roofs of the
Dwelling Units in the building as shown on the Map and any
amended Map to be filed for record, together with all fixtures
and improvements therein contained but not including any of
the structural components of the building, if any, within a
unit.
(b) "Association" means the Rome -Gik Condominium
Association, Inc., a non- profit corporation organized under
the laws of Colorado, which all owners of units shall be
members of and which shall be charged with the management
and maintenance of the Comdominium Project.
(c) "Condominium Unit" means an apartment together
with the undivided interest in the Common Elements appurtenant
to such apartment.
(d) "Owner" means a person, firm, corporation, partner -
i ship, association or other legal entity, or any combination
thereof, owning one or mere condominium units; the term
"Owner" shall not refer to any mortgagee, as herein defined,
unless such mortgagee has acquired title pursuant to fore-
closure or any proceeding in lieu of foreclosure.
part�it enaof �s 0 � i h 4 ^ 57• . "
(ft "Mortgagee" llAM01E *100w ee the mortgagee
or beneficiay under My rest of any
comer 1s encumbered:._
(g) "Common El* ilhts" Wen
ant," (1) The rear
e City property npoawhie» building is
located.
(2) The foundations; caTuwis, girders, beams,
supports, main walls and roof as shown on the Map.
(3) Such partly or entirely enclosed air spaces
as are provided for community or common use.
(4) All other parts of the property necessary
nts or convenient to its existence, maintenance and safety or
ist normally in common use.
(h) "General Common Elements" means those parts of the
hi Common Elements which are not designated as "Limited Common
cep Elements."
' and (1) "Limited Common Elements" means those parts of the
enants Connon Elements reserved for the exclusive use of the Owners
and of less than all of the Condominium Units in the building.
(j) "Entire Premises," "Premises," "Project" or "Property"
uses, means and includes the land, the building, all improvements
all and structures thereon, and all rights, easements and
pre- appurtenances belonging thereto.
ing
(k) "Common Expenses" means and includes:
(1) Ail sums lawfully assessed against the Common
Elements.
(2) Expenses of administration and management
maintenance, repair or replacement of the Common Elements.
(3) Expenses declared common expenses by the
unit owners.
(1) "Map" means the Condominium Map referred to in
paragraph 2 below.
(m) "Building" means the building improvement comprising
a part of the property.
(n) The title "Managing Agent" shall refer to the peron,
firm or entity which shall be selected and appointed by the
owners of the condominium units in accordance with the
provisions of Section 14 of this Declaration.
2. CONDOMINIUM MAP. Declarant shall cause to be filed for record
a Map. The Map shall depict and show at least the following: the legal
description of the land and a survey thereof; the building and the
location of the units within the building, both horizontally and vertically;
the perimeter boundary of each unit and the location therein of ry
structural components or supporting elements of the building; thr thick-
ness of the common wall(s) between units and the unit numbers of other
designation. The flap shall contain the dual certificate of a registered
engineer certifying that the Map substantially depicts the layout,
measurements and location of the building, the units, the unit designations,
the dimensions of such units, the elevations of the surfaces of floors
and ceilings as constructed and that the Map was prepared subsequent to
substantial completion of the improvements depicted.
In interpreting :the' condoSntui rgpti ; •pj*slcal boundaries
of each urt s` constructed -shall bo`obriclust <to be its
boundaries, ,Y*
Declarant reserves the right to peend the M$ time to time,
to ccnforai same to"the actual physical location of Constructed
improvements and to any changes, modification ations.
3. DIVISION OF PROPERTY INTO CONDOMINIUM UN11:'f.•. The real property
and improvements now constructed or to be constructed thereon are hereby
divided into the following fee simple estates:
Two separate fee simple estates, each such estate
consisting of one apartment unit, together with an
appurtenant undivided 1/2 interest in and to the Common
Elements. The Common Eletaerts shall be held as set forth
more fully on attached Exhibit A. Said apartment units are
shown on the Map and designated Unit 1 and Unit 2.
4. LIMITED COMMON ELEMENTS. A portion of the Common Elements
is set aside and reserved for the exclusive use of the owners of each
unit respectively, Su( areas being the Limited Cannon Elements.
The Limited Common Elements reserved for the exclusive use of the
individual owners consist of the grounds and improvements (other than
the units) lying within the "Limited Common Elements" shown on the Map,
which shall, without further reference, be the Limited Common Elements
associated and used with the apartment unit to which each such Exclusive
Use area is assigned on the Map. All Limited Common Elements shall be
used in connection with the particular apartment unit to which it is
assigned on the Map. All Limited Common Elements shall be used in
connection with the particular apartment unit to which it is assigned on
the Map, to the exclusion of the use thereof by the owners of other units
except by invitation.
5. INSEPARABILITY OF A UNIT. Each unit and the undivided interes
in the General Common Elements and the Limited Conmon Elements, if any,
appurtenant thereto shall be inseparable and may be conveyed, leased,
encumbered, devised or inherited only as a condominium unit.
6. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgag ,
trust deed, will, or other instrument may legally describe a condominium
unit by its identifying unit number, followed by the words ROME -GIK
CON[)MINIUMS with reference to the recorded Declaration and Map. Every
sucr description shall be deemed good and sufficient for all purposes
to sell, convey, transfer, encumber or otherwise affect not only the un •
but also the Common Elements appurtenant thereto. Each such descriptior
shall be construed to include a non - exclusive easement for ingress and
agress throughout the Common Elements together with the right to the us(
of the Limited Common Elements appurtenant thereto to the exclusion of
all third parties not lawfully entitled to use the same.
7. SEPARATE ASSESSMENT AND TAXATION- NOTICE TO ASSESSOR. Decla c
shall give written notice to the assessor of Pitkin County, Colorado,
the creation of condominium ownership or this property, as is provide,
law, so that each unit and the interests appurtenant thereto shall be 2med
a separate parcel and subject to separate assessments and taxation.
8. TITLE. A condominium unit may be held and owned by more
one person 5i tenants or as tenants in common, or in any real
l ly;
property tenancy relationship recognized under the laws of Colorado.
9. NONPARTITIONABILITY OF GENERAL COMMON ELEMENTS. The Comm
Elements shall be owned in common by all of the owners o the condom nium
units and shall remain undivided, and no owner shall bring any actii for
partition or division of the Common Elements. By the acceptance of ,is
deed or other instrument of conveyance or assignment, each owner
ons, specifically waives his right to institute and /or maintain a partit
action or any other action designed to cause a division of the Comon
4 M {
s 7 ti lO tT 1 °m`° J ,
1.1 ...." s ' S ' : t [ � tt�s the iCtNe�l ft* • , *
a " t 4 . fnwrs irf conneciton tnirawith. :r t
Of UMIS r a2 • MO LIMITED COF/19N ELEMENTS. EscW aser
- me owners p an. possess on o is 00014amnt.
' " K Uhl the 'hilted Coulon Elements in accordance with phu
t " they are intended, without hindering or encroaching upon
s - 4 of the other owners.
i1 USE ANTI OCCUPANCY. Each condominium unit shall be used and
r accepted 'solely for residential purposes, and except as provided in this
& f` 'Weirton, no trade or business of any kind may be carried on therein.
t= WO or rental of a condominium unit for lodging or residential purposes
4. -• shill not be considered to be a violation of this covenant.
4
,„ 12. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common
Elements now or hereafter encroaches upon another apartment unit as a
result of the shifting or settling of the building, or as a result of
repair due to damage, destruction or condemnation, a valid easement for the
encroachment and for the maintenance of same, so long as it stands, shall
and does exist. If any portion of an apartment unit now or hereafter
encroaches upon the Common Elements or upon an adjoining apartment unit
or units as a result of the shifting or settling of the building, or as a
result of repair due to damage, destruction or condemnation, a valid
easement for the encroachment and for the maintenance of same, so long
as it stands, shall and does exist. For title or other purposes, such
encroachment and easements shall not be considered or determined to be
encumbrances either on the Conran Elements or the apartment units.
13. TERMINATION OF MECHANIC'S LI=N RIGHTS AND INDEMNIFICATION.
No labor performed or materials furnish?d and incorporate in an apartment
unit with the consent or at the request of the owner thereof or his agent
or his contractor or subcontractor shall be the basis for filing of a lien
against the apartment unit of any owner not expressly consenting to or
requesting the same, or against the Common Elements owned by such other
owners. Each owner shall indemnify and hold harmless each of the other
timers from and against all liability arising from the claim of any l
lien against the apartment unit or any other owner or against the Common
Elements for construction performed or for labor, materials, services, or
other products incorporated in or otherwise attributable to the owner's
apartment unit at such owner's request. That notwithstanding the (oregoing,
any mortgagee of a condominium unit who shall become the owner of such
condominium unit pursuant to a lawful foreclosure sale or the taking of d
a deed in lieu of fureclosure shall not be under any obligation to w
indemnify and hold harmless any other owner against liability for claims
arising prior to the date such mortgagee becomes an owner. o
u
14. ADMINISTRATION AND MANAGEMENT; MANAGING AGENT. The admini-
stration and management of this condominium property shall be governed by is.
the Articles of Incorporation and By -L, ws of the Association. An owner f
of a condominium unit, upon becoming an owner, shall be a menter of the 0
Association and shall remain a member tor the period of his ownership. The h
Association shall be initially governe(' by a Board of Managers as is it
provided in the By -Laws of the Association. The Association may delegate tr
by written agreement any of its duties, powers and functions to any person ow
or firm to act as Managing Agent at an agreed compensation. No further s ,
delegation, however, shall be valid for a period of longer than three (3) w ;
years from the date of entering into the agreement, and any agreement
entered into by the Association must be cancellable at its option upon w , ; .
ninety (90) days' written notice by the Association to the other party ac
or parties. g
no
ac,
abs
to
1CP
gave .. ' n I- -44rpdra of a unit
pre • : enter es r t:' rix+si*, IF or except
` ' -Cite above, untie e`Rente4 Q' 4) ott : fi; ¢'r, the Assoc
condeadnlwr imlts (# t 04 *SKr a a t srt - , . ' et
held) have liven their priori ten appiveva1,� S i
be emper or entitled -to: ) 17.
. ASSOCIATE
z Decent{
(a) by act or omdssien, seek to *Sin or terminate ` and the d
the condomini regime; thereto a
comply wi
(b) partition or subdivide any condominium unit; due fur d
all costs
(c) by act or omission seek to abandon, partition, shall be
subdivide, encumber, sell or transfer the common of the As
elements aggrieved
(d) use hazard insurance proceeds for loss or improve- 18.
ments for other than repair, replacement, or not be re
reconstruction of such improvements. owners of
or deed a
15. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND EMERGENCIES. and agree
The Association, through its directors, officers or managing agent, have duly reco
the irrevocable right to have access to each apartment unit from time to
tine during reasonable hours as may be necessary for the inspection, 19.
maintenance, ,_pair or replacement of any of the Common Elements therein to pay th
or accessible therefrom cr for making emergency repairs therein necessary of Manage
to prevent damage to the Common Elements or Limited Common Elements cr to ments sha
another condominium unit or units. cowman el
Damage to the interior of any part of a unit resulting from maintenance, Ir,
repair, emergency repair or replacement of any of the Common Elements or Declarant
as a result of emergency repairs within another unit of an owner at the assessmen
instance of another owner shall be a common expense of all of the owners;
provided, however, that if such damage is the result of the negligence of The
a unit owner, then such unit owner shall be responsible for all of such the Board
damage and for restoration of the damaged improvements to their condition is necess
prior to the damage. for the p
with the
16. OWNER'S MAINTENANCE RESPONSIBILITY OF UNIT, BALCONIES, PARKING and irrprc
AND STORAGE AREAS. For purposes of maintenance, repair, alteration, and shall not
remodeling, an owner shall be deemed to own the interior non - supporting assessmen
walls, the materials (such as, but not limited to, plaster, gypsum dry extended
wall, paneling, wallpaper, paint, wall and floor tile and flooring, but attached
not including the sub - flooring) making up the finished surfaces of the the comp
perimeter walls, ceilings and floors within the unit, including the unit walls and
doors and windows. The owner shall not be deemed to own lines, pipes, f an
wires, conduits, or systems (which for brevity are herein and hereafter comprisin
referred to as utilities) running through his unit which serve one or more insurance
other units except as a tenant in common with the other owners. Such heating;
utilities shall not be disturbed or relocated by an owner without the incurred
written consent and approval of the Board of Managers. Such right to Laws of ti
repair, alter, and remodel is coupled with the obligation to replace any from a pr'
finishing or other materials removed with similar or other types or kinds for the ri
of materials. An owner shall maintain and keep in repair the interior of which mus'
his own unit, including the fixtures thereof. All fixtures and equipment as well a!
installed within the unit commencing at a point where the utilities enter The omiss
the unit shall be maintained and kept in repair by the owner thereof. An any perio.
owner shall do no act nor any work that will or may impair the structural the owner:
soundness or integrity of the building or impair any easement or hereditament
without the written consent of the Board of Managers of the Association, 20.
after first proving to the satisfaction of the Board of Managers that such
work or act will not impair structural soundness and that such work or
act shall be done or performed in a workmanlike manner. Any expense to the mair
Board of Managers for investigation under this Paragraph 16, including but Stan
not limited to the engaging of a structural engineer, shall be for the Comm
account of the owner seeking the consent. The decision of the Board of in C
Managers shall not be subject to review and shall be subject only to their bett
absolute discretion. An owner shall also keep the balcony area appurtenant of t
to his unit in a clean and sanitary condition and free and clear of snow,
ice and any accumulation of water. All other maintenance or repairs to any
-5-
I
Limited Co) Elements (unless necessitated by negligence or misuse
of a unit r, in which case such expense shalt he charged to unit owner) q
or except as caused or permitted by the owner shall be at the expense of
the Association.
t 17. COMPLIANCE WITH PROVISIONS OF DECLARATION BY -LAMS OF THE
ASSOCIATION. Each owner shall comply strictly with the provisions of this
Declaration, the Articles of Incorporation and By -Las of the Association,
and the decisions and resolutions of the Association adopted pursuant
thereto as the sane may be lawfully amended from time to time. Failure to
comply with any of the sane shall be grounds for an action to recover sues
due for damages, or for injunctive relief or both, and for reintursement of
all costs and attorney's fees incurred in connection therewith, which action
shall be maintainable by the Managing Agent or Board of Managers in the name
of the Association in behalf of the owners or, in a proper case, by an
aggrieved owner.
18. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall
not be revoked nor shall any of the provisions herein be amended unless the
owners of all the units, and all of the holders of any recorded mortgage
or deed of trust covering or affecting any or all condominium units, consent
and agree to such revocation or amendment by instrument(s) which shall be
duly recorded.
19. ASSESSMENT FOR COMMON EXPENSES. All owners shall be obligated
r to pay the assessments, either estimated or actual, imposed by tie Board
of Managers of the Association to meet the common expenses. The assess -
:o ments shall be made according to each owner's percentage interes: in the
common elements.
mnance, In the event the ownership of a condominium unit, by grant from the
Declarant, commences on a day other than the first of the month the
assessment for that month shall be prorated
rf The assessments made for common expenses shall be the sum ,hich
the Board of Managers of the Association shall on a monthly basi, determine
is necessary to be paid by all of the condominium unit owners to provide
for the payment of all estimated expenses growing out of or connected
with the maintenance, repair, operation, replacements, additions alterations,
1G and improvements of and to the common elements, which may incluc , hut
shall not be limited to, expenses of management; taxes and speci l
assessments until separately assessed; premiums for fire insuran P with
extended coverage and vandalism and malicious mischief with endorsements
•
attached issued in the amount of the maximum replacement value of all of
the common elements and condominium units (including all fixtures; interior
•
walls and partitions; decorated and finished surfaces of perimeter walls,
floors and ceilings; doors, windows and other elements or materials
comprising a part of the units); casualty and public liability and other
)re insurance premiums; landscaping and care of grounds; common lighting and
heating; sewer charges; legal and accounting fees; expenses and liabilities
incurred by the Manager Arent by re :son of this Declaration and the By-
Laws of the Association; for any deficit arising or any deficit remaining
from a previous period; the creation of a reasonable contingency reserve
is for the repair, maintenance and replacement of those Common Elements
)f which must be replaced periodically, working capital, and sinking funds
as well as other costs and expenses relating to the general common elements.
The omission or failure of the Board of Managers to fix the assessment for
any period shall not be deemed a waiver, modification or a release of
al the owners from their obligation to pay the same.
tament
20. INSURANCE.
Bch
the (a) The Board of Managers of the Association shall obtain and
maintain at all times, to the extent obtainable, policies involving
out standard premium rates, established by the Colorado Insurance
Commissioner, and written with companies licensed to do business
in Colorado and having a Best's Insurance Report rating of AAA or
eir better covering the risks set forth below. The Board of Managers
nant of the Association shall not obtain any policy where: (i) under
w,
any
•
t 4 4 4.4. '
j r `' + ' i a $: .:, d l � (i1) b •o " cd� 4 = g
“I's . a# a Psyirts ant amstlng. r!°
+ s s .-«r of Directors, pol'tgfbidn or ; Or
F < . , t ^ w *tidies any llarittne clawed (other
=1 , r ) "which could prevent r gain es oI. the
' ` V ik `.i Llecting insurance proceeds.' The types. of
d k " "' , stained and risks to be covered are as follows,
Al
E i ) (1)' Fite insurance with extended coverage mid ail
" ' ' h+i
eorsese ts, which endorsements shall include endorsements
i �t vandalise malicious mischief, boiler explosion and machinery
3 ,3 ,7 t . 4 With a rainfalls endorsed amount of $50,000 per accident
per 1
1 0 � r ,� Said casualty insurance shall insure the entire condominiulu m ro ect
1 'r ,r ant any property, the nature of which is a com non element (including
t �' all of the Units, fixtures therein initially installed by the
Declarant but not including furniture, furnishings or other personal
<i` property supplied by or Installed by Unit owners) together with all
service equipment contained therein in an amount equal to the full
replacement value, without deduction Iur depreciation. All polices
shall contain a standard non - contributory mortgage clause in favor
of each mortgagee of a Condominium Unit, which shall provide that
the loss, if any, thereunder, shall be payable to THE ROME -GIK
CONDOMINIUM ASSOCIATION, INC., for the use and benefit of mortgagees
as their interest may appear.
(2) If the condominium project is located in an area
identified by the Secretary of Housing and Urban Development as
an area having special flood hazards and the sale of Flood Insurance
has been made available under the National Flood Insurance Act
of 1968, a "blanket" policy of flood insurance on the condominium
project in an amount which is the lesser of the maximum amount of
insurance available under the Act or the aggregage of the unpaid
principal balances of the mortgages on the Condominium Units
comprising the condominium project.
(3) Public liability and property damage insurance in
such limits as to the Board of Managers of the Association may
from tine to time determine, but not in an amount less than
$200,000 per injury, per person, per occurrence, covering all
claims for bodily injury or property damage. Coverage shall
include, without limitation, liability for personal injuries,
operation of automobiles on behalf of the Association, and
activities in connection with the ownership, operation, maintenance
and other use of the project. Said policy shall also contain a
"severability of interest endorsement."
(4) Workmen's Compensatior and employer's liability
insurance and all other similar insurance in respect to employees
of the Association in the amounts and in the forms now or hereafter
required by law.
(5) The Association shall purchase, in an amount not
less than one hundred fifty percent (150 %) of the Association's
estimated annual operating expenses and reserves, fidelity coverage
against dishonesty of employees, destruction of disappearance of
money or securities and forgery. Said policy shall also contain
endorsements the»'eto covering any persons who serve the Association
without compensation.
(6) The Association may obtain insurance against such
other risks, of a similar of dissimilar nature, as it shall deem
appropriate with respect to the project, including plate or other
glass insurance and any personal property of the Association located
thereon.
I 1 7 i; C! ° G �, '�' • r t 4'a �� r " w« er - •
1
� 3 .
� i � ;�'a
shai ° ' "'"" . fed
" � " f of the
ins . uribds ,. y r f k r< k °1` policies
V ^ p'M'eM'i WK ,
s� � j shall be '. d thus} . s. ~ ohs
prior
bo expirati+ of - the , they , cam R . ' NMI
be carried" in blanket. for* tt
ASSOCIATI0N DIP, as the i l a$r , ¢ - all of
• the Condoeinlia IMit owners, wktch pelt r in #04 ` shall identify
the interest of each Condonlnitel Unit seer name and Unit
Number designation) and first mortgagee.
(c) Prior to obtaining any policy of fire irsurance or
renewal thereof, the Board of Managers of the Association shall
obtain an appraisal from a duly qualified real estate or insurance
appraiser, which appraaser shall reasonably estimuke the full
replacement value of the entire condominium project, without
deduction for depreciation, for the purpose of determining the
amount of the insurance to be effected pursuant to the provisions
of this insurance paragraph. In no event shall the insurance
policy contain a co- insurance clause for less than ninety percent
(90 %) of the full replacement cost. Determination of maximum
replacement value shall be made annually by one or more written
appraisals to be furnished by a person knowledgeable of replace-
nient cost, and each mortgagee shall be furnished with a copy
thereof, within thirty (30) days after receipt of such written
appraisals. Such amounts of insurance shall be contemporized
annually in accordance with their currently determined maximum
replacement value.
(d) Unit owners may carry other insurance for their
benefit and at their expense, provided that all such policies
shall contain waivers of subrogation, and provided further that
the liability of the carriers issuing insurance obtained by the
Board of Managers shall not be affected or diminished by reason
of any such additional insurance carried by the Unit Owner.
(e) Insurance coveraae on furnishings, including carpet,
draperies, oven, range, refrigerator, wallpaper, disposal
and other items of personal or other property belonging to an
owner and public liability coverage within each Unit shall be the
sole and direct responsibility of the Unit owner thereof, and
the Board of Managers, the Association and /or the Managing Agent
shall have no responsibility therefor.
(f) In the event that there shall be any damage or
destruction to, or loss to a unit which exceeds $1,000 or any
damage or destruction to, cr loss to the common elements which
exceeds $10,000, then notice of such damage or loss shall be
giv m by the Association to each first mortgagee of sal('
Condominium Unit within ten (10) days after the occurrence
of such event.
21. OWNERS' PERSONAL OBLIGATION FOR PAYMENT OF ASSIGNMENTS.
The amount of the common expenses assessed against or incurred on account
of each condominium unit shall be the personal and individual debt of the
owner thereof. Suit to recover a money judgment for unpaid common expenses
shall be maintainable by the Association or the managing agent, or any
aggrieved owner without foreclosure or waiving the lien securing same
No owner may exempt himself from liability for his contribution towards
the common elements or by abandoiment of his unit.
d
22. JJ "FOR NONPAYMENT OF COMMON EXPENSE$. 1 1 s dlta b
unpaid for tRLshare of Common Expenses chargeable any, aiut
w
Unit, including interest thereon at eight percent per SMsil
constitute a lien for the benefit of the Association an sSk unit
superior (prior) to all other liens and encumbrances except
(a) Tax and special assessment liens on the Unit in
favor of any assessing entity; and
(b) All sums unpaid on a first mortgage or first
deed of trust of record, including all unpaid obligatory
suns as may be provided by such encumbrance, including
additional advances, refinance or extension of these
obligations made thereon prior to the arising of such a line.
To evidence such lien the Association by its officers and directors
must prepare a written notice setting forth the amount of such unpaid
indebtedness, the name of the defaulting Owner of the Condominium Unit and
a description of the Condominium Unit. Such a notice shall be signed by
the authorized representative of the Association or the Managing Agent,
and may be recorded in the office of the Clerk and Recorder of the County
of Pitkin, State of Colorado. The Association must notify each first
mortgagee of record of its mortgagor's failure to pay to the Association
any assessments due and owing which failure to pay is not cured within
thirty (30) days. Such lien for the Common Expenses shall attach from
the date of the failure of payment of the debt, and may be enforced by
foreclosure on the defaulting Owner's Condominium Unit by the Association
in like manner as a mortgage or deed of trust on real property upon
recording of a notice or claim thereof. In any such foreclosure the
defaulting owner shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing the notice or claim of
lien and all reasonable attorney's fees. The defaulting Owner shall also
be required to pay to the Association a reasonable rental for the Condo-
minium Unit during the period of foreclosure, and the Association shall
be entitled to a receiver to collect the same. The Association Ohall
have the power to bid in the Condominium at foreclosure sale and to
acquire and hold, lease, mortgage and convey same.
The amount of the Common Expenses chargeable against each Condo-
minium Unit and the costs and expenses, including attorney's fees, of
collecting the same shall also be a debt of the Owner thereof at the
time the same is due. Suit to recover a money judgment for unpaid
Common Expenses shall be maintainable without foreclosing or waiving the
lien securing same.
Any encumbr ncer holding a lien on a Condominium Unit may pay any
unpaid Common Exp-rise payable with respect to such Unit, and upon such
payment such encu > brancer shall have a lien on such Unit for tie amounts
paid of the same 'ank as the lien of his encumbrance.
23. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM
UNIT. Upon payment of a reasonable fee not to exceed ten dollars and
upon the written equest of any Owner of any Mortgagee or prospective
Mortgagee of a Condominium Unit, the Association shall issue a written
statement settinn forth the amount of the unpaid Common Expenses, if any,
with respect to le subject Unit, the amount of the current monthly
assessment and th date such assessment becomes due, credit for advance
payments or prep= d items, including but not limited to insurance premiums,
which should be I inclusive upon the issuer of such statement in favor of
all persons who r ly thereon in good faith. Unless such request for a
statement of indebtedness is complied with within ten days, all unpaid
Common Expenses which become due prior to the date of making such request
shall be subordirite to the lien of the person requesting such statement.
The grantee of a condominium unit, except for any first mortgagee
who comes into pn session of a condominium unit nursuant to the remedies
provided in its mortgage or deed of trust, or becomes an owner of a
condominium unit pursuant to foreclosure of its mortgage or by the taking
of a deed in lie! thereof, shall be jointly and severally liable wiuh the
u:r a 4 6ix• dig af the
t
t a R .gy
` - . .' 41,
w . Of the
• , }fir i = , TI•
A M .t m» *§ 4..a
not 1 imli led
� �� , ;seta shall lft for Y e � `'�' tier of such
'" , shall be
u 3•N =i +�a�,�s�ra- x..�,. i . �0 w+ � , , �
y �nr ° 1 di of such retest, vita sari L , shall not
j v. •' ;'. Ri the Unit conveyed b Slh f eC't to > ` n for, any
r against the subject Unit.
" 2`4. MORTGA6IN6 M owner CONDOMINIUM UNIT - PRIORITY. ner shall have
vM1 , right from time to time to mortgage or encumber his interest by deed
Of trent, mortgage or other security instrument.. A firs: Mortgage shall
one whld,'has first and paramount priority under applicable lsv. The
. i s Owner .of'a cwdoidniin unit may create junior mortgages, liens, or
, anatr aces on the following conditions:
24.1. That any such junior mortgages shall always be
s subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for cannon
expenses and other obligations created by this Declaration,
the Articles of Incorporation and the By -Laws for the Association.
25.2. That the mortgagee under any junior mortgage shall
release, for the purpose of restoration of any improvements
upon the mortgaged premises, all of his right, title, and
interest in and to the proceeds under all insurance policies
carried upon said premises by the Association. Such release
shall be furnished forthwith by a junior mortgagee upon written
request of one or more of the members of the Board of Managers
of the Association.
25. ASSOCIATION AS ATTORNEY -IN -FACT. This Declaration does hereby
make mandatory the irrevocable appointment of an attorney -in -fact to deal
with the improvements to the condominium project upon their condemnation,
damage, destruction, or obsolescence.
Title to any condominium unit is declared and expressly made subject
:o the terns and conditions hereof, and acceptance by any grantee of a
deed or other instrument of conveyance frxn the Declarant or from any owners
or grantor shall constitute appointment of the attorney -in -fact herein
provided. All of the owners irrevocably constitute and appoint the
Association their true and lawful attorney in their name, place, and
stead for the purpose of dealing with any improvements within the condo-
minium project upon their condemnation or damage, destruction, or obsoles-
cense, all as is hereinafter provided. As attorney -in -fact, the Association
by its President and Secretary of Assistant Secretary, shall have full
and complete authorization, right and power to make, execute and deliver
any contract, deed or any other instrument with respect to the interest
of a condominium unit owner which are necessary and appropriate to exercise
the powers herein granted. Repair and reconstruction of the improvements
as used in the succeeding subparagraphs means restoring the improvements
to substantially the same condition in which they existed prior to the
damage, with each unit and the general and limited common elements having
substantially the same vertical and horizontal boundaries as before. The
proceeds of any insurance collected shall be available to the Association
for the purpose of repair, restoration, or replacements unless the owners
and all first mortgagees agree not to rebuild in accordance with the
provisions set forth hereinafter.
25.1. In the event of damage or destruction due to fire or
other disaster, the insurance proceeds, if sufficient to reconstruct
the improvements, shall be applied by the Association, as attorney-
in -fact, to cause the repair and restoration of the improvements.
-10-
7 Y '^GE Y 7 '1pi 11liiita iti `�. u. C - i ' Y
an i#suf� �@"
such fat v ' '
# sue es. k"
and matt b! -iAirt ," ri • § � y
yy� _ ft . i sly i .'3P9$ 3 I F sira fat
hyi ng. �i' ®i'.J
annexed l' t %surangt
glade agssns tFa Of tha M S r! s r x :
unless all end all firs! 4 e"
time of retoastruction agtet not 111 * •. • x a s-
sent shall be a con expense and(•spde.Pi '` ';.,. `£
eadt owner's percentages interest ih the • , "` • ; .. - is
*ind shall be dud and payable withip thirty, On tSr
written notice thereof. The Association shall: hat '• 1
authority, right and power, as attorney -ler -fact, too cause the
Y repair or restoration of the imroveeents using all of the
insurance procees for such purpose notieithstaading the failure
of an owner to pay the assessment. The assessment provided for
herein shall be a debt of each owner and a lien on his condominium
unit and may be enforced and collected as is provided in paragraphs
22 and 23. In addition thereto, the Association, as attorney -in-
fact, shall have the absolute right and power to sell the condominium
unit of any owner refusing or failing to pay such deficiency, within
the time provided, and if not so paid, the Association shall cause
to be recorded a notice that the condominium unit of the delinquent
owner shall be sold by the Association, as attorney -in -fact,
pursuant to the provisions of this paragraph. The delinquent
owner shall be required to pay the Association the costs and
expenses for filing the notices, interest on the amount of the
assessment at the rate of eight percent (8 %) per annum and all
reasonable attorney's fees and costs incident to a sale. The
proceeds derived from the sale of such condominium unit shall be
used and disbursed by the Association, as attorney -in -fact, in the
following order:
25.2.1. For payment of taxes and special assessments
made bi the Association whether or not recorded as liens as of
the date of sale and customary expense of sale;
25.2.2. For payment of the balance of the lien of
any fi rst mortgage;
25.2.3. For payment of unpaid common expenses
(other than special assessment) and all costs, expenses, and
fees incurred by the Association;
25.2.4. For payment of junior liens and encumbrances
in the order of and to the extent of their priority; and
25.2.5. The balance, if any, shall be paid to the
uni t owner.
25.3 The owners representing an aggregate ownership interest
of One Hundred Percent (100 %) or more of the Common Elements may
agree that the Conlon Elements are obsolete and adopt a plan for
their renewal and reconstruction, which plan must be unanimously
approved by all first mortgagees of record at the time of the
adoption of such plant prior to its implementation. If a plan
for renewal of reconstruction is adopted, notice of such plan
shall be recorded, and the expense of renewal and reconstruction
shall be payable by all of the owners as common expenses; provided,
however, that an owner not a party to such a plan for renewal or
reconstruction may give written notice to the Association within
fifteen (15) days after the date of adoption of such plan that
such unit shall be purchased by the Association for the fair
market value thereof. The Association shall then have thirty
days (thereafter) within which to cancel such plan. If such
plan is not cancelled, the condominium unit of the requesting
owner shall be purchased according to the following procedures.
If such owner and the Association can agree on the fair market
value thereof, then such sale shall be consummated within thirty
• (30) days thereafter. If the parties are unable to agree, the
date whr^^ -ither party notifies the other tha a or it Is arable
• to agree.,..4th the other shall be the "couupeneement date" trent which
all periods of time mentioned herein shall be measured. Iflthln'
ten (10) days following the commencement date, each party shall
nominate in writing (and give notice of such nomination to the
other party) an appraiser. If either party fails to make such a
nomination, the appraiser nominated shall, within five (5) days after
default by the other party, appoint and associate with him another
appraiser. If the two designated or selected appraisers are
unable to agree, they shall appoint another appraiser to be umpire
between them, if they can agree on such person. If they are unable
to agree upon such 'mire, each appraiser previously appointed
shall nominate two ppraisers, and from the names of the four
appraisers so nomi ted one shall be drawn by lot by the appraiser
appointed by the o er in the presence of the other appraiser, and
the person whose n ;e was so drawn shall be the umpire. The
nominations from w ;m the umpire is to be drawn by lot shall be
submitted within t n (10) days of the failure of the two appraisers
to agree, which, in any event, shall not be later than twenty (20)
days following the appointment of the second appraiser. The
decision of the acpraisers as to the fair market value, or in the
case of their dis greement, then the decision of the umpire, shall
be final and bind ig. The expenses and fees of such appraisers shall
be borne equally / the Association and the owner. The sale shall be
consummated withi∎ fifteen (15) days thereafter, and the Association,
as attorney -in -fact, shall disburse the proceeds for the same
purposes and in +ie same order as is provided in subparagraph
25.2.1 through 2 2.5 of this paragraph, except as modified herein.
25.4 The ners representing an aggregate ownership interest
of One Hundred cent (100 %) or more of the Common Elements may
agree that the Amon Elements are obsolete and be sold. Any
such plan for t sale of the condominium units must be approved
by all of the m tgagees of record at the time of the adoption
of the plan. such instance, the Association shall forthwith
record a notic etting forth such fact or facts, and upon the
rec)rding of s notice by toe Association's President and
Secretary or / stant Secretary, the entire premises shall be
sold by the A' :iation, as attorney -in -fact for all of the
owners, free c clear of the provisions contained in this
Declaration, t e Map and By -Laws. The sales proceeds shall be
apportirned b :wean the owners on the basis of each owner's
percentage it ?rest in the general common elements, and such
apportirned p oceeds shall be paid into separate accounts, each
such acrgunt representing one (1) condominium unit and each such
account ;hal be in the name of the Association and shall be
further ider:ified by the condominium unit designation and the
name of the owner. From each separate account, the Association,
as attoriey in -fact, shall use and disburse the total amount (of
each) of s h accounts, without contribution from one account to
another, for the same purposes and in the same order as is provided
in subpe agraph 25.2.1 through 25.2.5 of this paragraph.
25. if at any time or times during the continuance of
the con inium ownership pursuant to this Declaration, all or
any par )f the property shall be taken or condemned by any
public authority or sold or otherwise disposed of in lieu of or
in avoidance thereof, the following provisions shall apply.
(1) Proceeds. All compensation, damages, or
other proceeds therefrom, the sum of which is hereinafter called
the "Condominium Award," shall be payable to the Associatiun,
as attorney -in -fact.
Complete
Project is taken or c Taking.
ondemned,or sold t or otherwise t disposed
ire
of in lieu of or in avoidance thereof, the Condominium
Ownership pursuant thereto shall terminate. The Condemnation
ie
BOOKUA PCE 4J4
Award shall bpportioned among the Oners on the basis
of eat++ Oner's fractional. interest in the Common Elements,
' pvided that if a standard different from the value of
the property as a whole is employed to measure the Condemnation
Award such shares the sane standard or otherwise, employed to
the extent it is relevant and applicable.
On the basis of the principle set forth in the
last preceding paragraph, the Attorney -in -Fact shall, as soon as
practicable, determine the share of the Condemnation Award to
which each Owner is entitled. Such shares shall be paid into
separate accounts and distributed jointly, as soon as practicable,
to the unit owner and its first mortgagee of record at the time
of the distribution.
(3) Partial Taking. In the event that less than the
entire Project is taken or condemned, or sold or otherwise disposed
of in lieu of or in avoidance thereof, the Condominium Ownership
hereunder shall not terminate. Each Owner shall be entitled to a
share of the Condennation Award to be determined in the following
manner: As soon as practicable, the Attorney -in -Fact shall,
reasonably and in good faith, allocate the Condemnation Award
between compensation, damages, or other proceeds, and shall
apportion the amounts so allocated among the Owners, as follows:
(a) the total amount allocated to taking of or injury to the
Common Elements shall be apportioned among the Owners on the
basis of each Owner's fractional interest in the Common Elements,
(h) the total amount allocated to severance damages shall be
appo..:onrd to those Condominium Units which were not taken or
condemned, (L, .h' - <snertive amounts allocated to the taking
of or injury to a particular Unit and /or improvements an Owner
had made within his own Unit shall be apportioned to the
particular unit involved, and (d) the total amount allocated
to consequential damages and any other takings or injuries shall
be apportioned as the Attorney -in -Fact determines to be equitable
in the circumstances. If an allocation of the Condemnation
Award is already established in negotiation, judicial decree,
or otherwise, then in allocating the Condemnation Award, the
Attorney -'.n -Fact shall employ such allocation to the extent it is
relevant and applicable. Distribution of apportioned proceeds
shall be disbursed as shown as practicable in the same manner
provided in subparagraph 25.2.1 through 25.2.5 of this paragraph.
(4) Reorganization. In the event a partial taking
results in the taking of a complete Unit, the Owner thereof
automatically shall cease to be an Owner under this Declaration.
(5) Reconstruction and Repair. Any reconstruc tion
and repair necessitated by condemnation shall be governed by the
procedures specified in subparagraph 25.2 of this paragraph.
26. PERSONAL PROPERTY FOR COMMON USE. The Managing Agent or
any Owner may, with the consent of all Owners, acquire and hold for the
use and benefit of all the Condominium Owners, real, tangible and intangible
personal property and may dispose of the same by sale or otherwise with
the approval of all first mortgage holders of record at the time of sale.
and the beneficial interest in any such property shall be owned by the
Condominium Owners in the same proportion as their respective interes
the Common Elements and shall not be transferable except with a
transfer to the transferee ownership of the transferor's beneficial interesi.
in such property without any reference thereto. Each (honer may use such
property in accordance with the purpose for which it is intended, without
transfer of title to a Condominium Unit under foreclosure shall entitle
the purchaser to the beneficial interest in such personal property
associated with the foreclosed Condominium Unit.
goat s Isla 4
, .es
27. MAILING OF NOTICES. Each Owner shalt his Still*,
address wit he other OWners or Managing Agent and'all notices ei deemmds
intended to be served upon any Owner shall be sent by either registered
or certified mail, postage prepaid, addressed in.the name of the Owner at
such registered mailing address. All notices or demands intended to be
( served upon the Owners or the Managing Agent shall be given by registered or
certified mail, postage prepaid, to the registered address thereof. All
notices or demands to be served on Mortgagees pursuant hereto shall be
sent by either registered or certified mail, postage prepaid, addressed
in the name of the Mortgagee at such address as the Mortgagee may have
furnished to the Owners or Managing Agent in writing. Unless the Mortgagee
so furnishes such address, the Mortgagee shall be entitled to receive none
of the notices provided for in this Declaration. Any notice referred to in
this Section shall be deemed given when deposited in the United States
mail in the form provided for in this Section.
28. PERIOD OF CONDOMINIUM OWNERSHIP. The separate condominiur
estates created by the Declaration and the Map shall continue until this
Declaration is revoked in the manner and as provided in Paragraph 18 of
this Declaration or until terminated and in the manner as is provided
in subparagraphs 25.4 and 25.5 of this Declaration.
29. GENERAL. (a) If any of the provisions of this Declaration or
any paragrap�i, sentence, clause, phrase or word or the application thereof
in any circumstances be invalidated, such invalidity shall not affect
the validity of the remainder of this Declaration.
(b) The provisions of this Declaration shall be
in addition and supplemental to the Condominium Ownership
Act of the State of Colorado and to all other provisions
of law.
(c) Whenever used herein, unless the context shall
otherwise pro).ide, the singular number shall include the
plural, the plural the singular, and the use of any lender
shall include all genders.
IN WITNESS WHEREOF, Declarant has duly executed thir Declaration
this '4 day of ,lanuary, 1977.
revival
a e ars
Bever y ars G
',TATE OF COLORADO
ss.
County of Pitkin
The foregoing instrument was acknowledged before me this 7 _�'
day of ,Jerraew , 19/ , by Dalt and Beverly Mars.
F/. 1L Fy
Witness icy hand and official seal.
My commission expires: - 4aC) -1 (9a(
_ C.
oaf'
nptar•Y ruglIc
•
■ ..(1324 PAGE 4:14
EXHIBIT A
TO CONDOMINIUM DECLARATION
ROME -GIK CONDOMINIUM
UNIT NUMBER % OWNERSHIP OF COMMON ELEMENT
1 50%
2 50%
100
•
r
Hopeward Property Development LLC
C/O Howard B. Kessler and Hope C. Lefeber
and
Gilbert T. Vanderaa III and Emily Kolbe
617 North Fourth Street
Units 1 and 2 Rome -Gik Condominiums
July 1, 2010
Dear Jennifer:
As the owners of Units 1 and 2 in the Rome -Gik Condominiums at 617 North
Fourth Street in Aspen, this letter authorizes Davis Horn Incorporated, Glenn Horn
and Alice Davis, to act on our behalf and represent us in the land use review
process for this property. We are requesting approval to amend our condominium
plat to reflect additions to the condominium made over the years. This is a two
unit condominium and the four of us represent the entire ownership within the
condominium. There is no homeowners association.
Davis Horn Inc is located at 215 South Monarch Street, Suite 104 in Aspen, CO,
81611 and can be reached at 970 925 -6587. Please call if you need anything
further.
Sincerely,
Howard Kessler Gilbert T. Vanderaa III
Hope C. Lefeber Emily Kolbe
Glenn Horn
From: Glenn Horn [ghorn @rof.net]
Sent: Tuesday, July 20, 2010 3:12 PM
To: 'Jennifer Phelan'
Subject: Rome Gik Condominium Plat Authorization Letter
Jennifer:
Attached for the Rome Gik Condominium Plat file is an authorization letter signed by Gil Vanderaa and Emily Kolbe. This
is the missing letter. 1 will send a hard copy. Glenn
Davis Horn Incorporated
Glenn Horn AICP
970 - 925 -6587
1
at • f
ALTA Commitment For Title Insurance
t Lawyers Title
-aim INSURANCE CORPORATION
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3
ASPEN, COLORADO 81611
970 - 925 - 1766 -PHONE
970 - 925 - 6527 -FAX
877 - 217 - 3158 -TOLL FREE
E -MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
TJ Davis - (tjd @sopris.net)
Tom Twitchell - (tomt @sopris.net) Joy Higens - (joy @sopris.net)
Brandi Jepson - (brandi @sopris.net) - Closing & Title Assistance
Issued By
' ilk LawyersTitle
� INSVRANCL CO P PORATION
Horne Office:
5600 Cox Road
Glen Allen, Va. 23060
B 1004 -268
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: June 2, 2010 at 8:00 AM Case No. PCT22859L
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
PROFORMA
(b) ALTA Loan Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
(c) ALTA Loan Policy- (6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
HOPEWARD PROPERTY DEVELOPMENT LLC, AS TO PARCEL 1,
GILBERT T. VANDERRA, III AND EMILY E. KOLBE, AS TO PARCEL 2
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid
970- 925 -1766 Phone /970- 925 -6527 Fax unless the Insuring
877- 217 -3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
UNIT 1,
ROME -GIK CONDOMINIUM, according to the Plat recorded February 4, 1977 in Plat Book 5 at Page 62 and further
defined and described in Condominium Declaration recorded February 4, 1977 in Book 324 at Page 420.
PARCEL 2
UNIT 2,
ROME -GIK CONDOMINIUM, according to the Plat recorded February 4, 1977 in Plat Book 5 at Page 62 and further
defined and described in Condominium Declaration recorded February 4, 1977 in Book 324 at Page 420.
c
SCHEDULE B • SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
r ^.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in 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. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June
8, 1888 in Book 55 at Page 2.
8. Terms, conditions, provisions and obligations as set forth in Statement of Exemption recorded February 4,
1977 in Book 324 at Page 419.
9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for ROME -GIK recorded February 4, 1977 in Book 324 at Page 420, deleting
therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status or national origin.
10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded February 4,
1977 in Plat Book 5 at Page 62.
11. Easements, rights of way and all matters as disclosed on Survey of subject property recorded February
20, 2002 in Plat Book 59 at Page 89.
12. Deed of Trust from : HOPEWARD PROPERTY DEVELOPMENT LLC
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK
Original Amount : $2,551,250.00
Dated : February 7, 2008
Recorded : February 8, 2008
Reception No. : 546412
Note: The above Deed of Trust affects Parcel 1.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
13. DEED OF TRUST FROM : GILBERT T. VANDERAA III AND EMILY E. KOLBE
TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN
FOR THE USE OF : METROCITIES MORTGAGE, LLC
TO SECURE : $1,000,000.00
DATED : January 11, 2007
RECORDED : January 12, 2007
RECEPTION NO. : 533299
Note: The above Deed of Trust affects Parcel 2.
14. DEED OF TRUST FROM : GILBERT T. VANDERAA III AND EMILY E. KOLBE
TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN
FOR THE USE OF : METROCITIES MORTGAGE, LLC
TO SECURE : $350,000.00
DATED : January 11, 2007
RECORDED: January 12, 2007
RECEPTION NO.: 533300
Note: The above Deed of Trust affects Parcel 2.
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B- Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89 -2
NOTE: Each title entity shall notify in writing every prospective insured in an owners title insurance policy for a
single family residence (including a condominium or townhouse unit) CO of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage ".
Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer /Assessor by
the Company and the costs thereof charged to the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of the Title Policy anticipated by this
Commitment.
Pursuant to House Bill 01 -1088 (CRS 10 -11 -123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10 -11 -123 (HB 01- 1088), this is to advise:
(a) 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 geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic
or materialmen's liens shall be deemed void and of no effect.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970 - 925 - 1766/970- 925 -6527 FAX
TOLL FREE 877 - 217 -3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021009062
REFERENCE: PCT22859L /PROFOMA
0 3
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
,
Effective Date: 5/1/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of
your non - public personal information ( "Personal Information ") and protecting your Personal
Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified
sources, and to whom it may be disclosed. FNF follows the privacy practices described in this
Privacy Statement and, depending on the business performed, FNF companies may share
information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social
security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email
address, Internet Protocol address, the website links you used to get to our websites, and your activity
while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as
information concerning your policy, premiums, payment history, information about your home or other real
property, information from lenders and other third parties involved in such transaction, account balances,
and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit
reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior
authorization. Such laws do not allow consumers to restrict these disclosures.
Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with
services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third -party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and /or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil
action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we
have joint marketing agreements and /or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title
whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure
is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or
property and /or to comply with a judicial proceeding, court order or legal process.
Page 1 of 2
Effective Date: 5/1/2008
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and
facts about your transaction with other FNF companies, such as insurance companies, agents, and
other real estate service providers to provide you with services you have requested, for marketing
or product development research, or to market products or services to you. We do not, however,
disclose information we collect from consumer or credit reporting agencies with our affiliates or
others without your consent, in conformity with applicable law, unless such disclosure is otherwise
permitted by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our
customers or former customers to nonaffiliated third parties, except as outlined herein or as
otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that
information to provide products or services to you. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information,
under certain circumstances to find out to whom your Personal Information has been disclosed,
and request correction or deletion of your Personal Information. However, FNF's current policy is to
maintain customers' Personal Information for no less than your state's required record retention
requirements for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your
notarized signature to establish your identity. Where permitted by law, we may charge a
reasonable fee to cover the costs incurred in responding to such requests. Please send requests
to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy
Statement was revised or materially changed.
Page 2 of 2
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