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HomeMy WebLinkAboutLand Use Case.104 E Cooper.0026.2011.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0026.2011.ASLU PARCEL ID NUMBERS 2737 18 2 27 008 PROJECTS ADDRESS 104 E. COOPER AVE PLANNER SARA ADAMS CASE DESCRIPTIO SUBDIVISION EXEMPTION REPRESENTATIVE ASPEN WEST CONDO DATE OF FINAL ACTION 12.18.11 CLOSED BY ANGELA SCOREY ON: 2.10.12 PG(A62 Z?z? - -27 -oog' 0021 • 2_0 ‘I ASlA r' III 111111111 ©1 File Edit Record Navigate Form Reports Format Tab Help 1(1 /) - g j J 7 Jump 1 4 A I � I C Routing Status Fees Fee Summary Main Actions !Attachments Routing History Valuation Arch /Eng Custom Fields !Sub Permits 4 o . £ Permt type aslu Aspen Land Use Permit # 0026.2011 „ASLU 0 y Address 104 E COOPER AVE Apt /Suite 4 City ASPEN State CO Zip 81611 % Permit Information k, c Master permit Routing queue aslu07 Applied 5/2/20 11 Z Project Status Ipending Approved • Description SUBDIVISION EXEMPTION Issued • Final Submitted RICK NEILEY 925 9393 Clock Running Days 0I Expires 4,2612012 Submitted via • Owner Last name ASPEN WEST CONDO ASS( First name 104 WEST COOPER COMMON AREAS Phone ( ) - Address ASPEN CO 81611 Applicant p Owner is applicant? ❑ Contractor is applicant? Last name ASPEN WEST CONDO ASS( First name 104 WEST COOPER COMMON AREAS Phone ( ) - Cust # 29010 Address ASPEN CO 81611 Lender Last name First name Phone ( ) - Address Displays the permit lender's address AspenGold5 (server) angelas View 1 of 1 CAL-0- A-y\Acr 3S - w � � CA ski City of Aspen RECEIVED Community Development Department THE. G _ ivnr:l -. funk/ 1 & 2011 Mylar Plat Routing Sheet CITY OF ASPEN COMMUNITY DEVELOPMENT Plat Information: Plat Title: # - We F Ce4 -GLo S Applicant & Contact Number: N (QV c lzr Case Number: Planner: i M_ S Department Required To Review & Routed Date: Department Approval Date: *ngineering: Engineering: U l` "Z \\ //JQ,/) J ❑ Parks: - Parks: Com Dev: Com Dev: ❑ Other: Other: ❑ Clerk for Recording: Comment: *Alf [ kk1.f( ( DI/l WIMAL I WI, A 11 I � 1 . A 1 IA2A LI i/t ■ H'I /A 1___i i IA. - PIEMPRIEMEMINIEVAIMFAIkziki ,. (11I. i' 150 - 1 mG1 a o •' Iui -' Follow Up and Resolution: \ cr. N� %( ),E C M,AcvJA ' i\NI LAt 03 - t om p c 0,pa , Additional Comments: 7/7/ it tz 4 ■■ Reception # , A l A 11 i i 1 i 1 g1# i j;y� 1 1441 1 ti 9 i i,.1‘41„..9 O i i if 1 b a i i # i ri F. II ti t,Atil tit 11 11i ' W 11%1 li i 1 E p7 ! s i I ' i rIT 3 +� ji ; ill . i .1 � r its t,`i01 1�tti6 IA) ! j 1 4 N ' 11i #la hUitC$ t F Y I a ? S { 5 {tT �j t i m 3 #e �F i Qa 1 'A a l $ e a I q !I t ill lit' a�;Y 1� m 42 'S ill it4 61 _ d �g a 3 sa 55 `le i !s 1. d a` ., i T ; a § i,� i t 1 i � i 1.kI IC €;' T' i i i n i ii ji iijr i c a t N ,v 1 1! 6 17 . la g is a; cr a` ` ° i ; 'I 1 �� CI E g 3 61 1 Fafs8ai1 a ma it 1 as it 'i 4 y '.1 O kt i s_____, it L N _ � �y W 4 is ,,,s // ik , tr,t 'i - .---- ' • '., i 4..qt A 4 // u _ f. .s :t it ji . v CPI - .,,°, ; / L) .,') / rr - ; w m.. • , g -•"4,. ,.,.., jl , /' yT // O . -� _ le h. n • 1 a mn Alt t.3 ,z $S igr, 'i V h 0 1' a: O a ��I r e s y Ya ° ' W r. ti,_....,:, // 1 . a '1:'1 �{ 4, d n >tY.f t' ► ic 0 c =^�� ,. ., en V �� =1 1 a l ° 1, t < .� p, nv /s ki -. — \.00 ' . _ E lit { # . .../ii,::$1,,, .P.- - ,,.:;..-- f daEn! RECEIVED NEILEY & ALDER Nov 16 2011 ATTORNEYS CITY OF ASPEN COMMUNITY DEVELOPMENT Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 8161i JOHN E. NEILEY Glenwood Springs, Colorado 81601 (97 925-9393 (970) 9 Fax (97 925-9396 Fax (97 9 November 16, 2011 VIA HAND DELIVERY Ms. Sara Adams, Senior Planner City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Amended Condominium Map of Aspen West Condominium Dear Sara: Submitted herewith you will find a mylar of the First Amended Condominium Map of Aspen West Condominiums executed by the surveyor, the condominium association and by me as to the Attorney's Certificate. Also enclosed is our check in the amount of $21.00 to cover recording fees for the mylar. We have made all the changes requested by the Planning and Engineering Departments with the exception of a signature block for mortgage holders. The reasons a mortgage holders signature block is not included are as follows: there is no such requirement in the Land Use Code; there is no such requirement in the Condominium Declaration for Aspen West Condominium; and, statutorily, this is not required. Additionally, obtaining signatures from numerous lien holders on a single mylar is impractical. I spoke about this matter with Jim True, Special Counsel to the City of Aspen, and it is my understanding that he concurs that lien holder execution of the Amended Map is not required. In this regard, I am also submitting herewith a copy of the Condominium Declaration for Aspen West Condominium which confirms at Section 20 that only amendments to the Condominium Declaration, not the map, require the consent of lien holders. Section 2 of the Declaration reserves to the Declarant and the Association, as its successor, the authority to amend the Map. Because this is a pre -CCIOA association, the Map may be amended in accordance with the procedures in place at the time the condominium regime was created. Pre -CCIOA condominium regimes are not obligated to obtain lien holder consent to amend the condominium map. A copy of C.R.S. § 38- 33.3 -120 which recognizes the applicability of pre- existing law is also appended hereto. r - m Letter to Ms. Adams November 16, 2011 Page 2 Finally, I enclose a copy of the Association's Certification of Owners' Consent and Acceptance signed by the President of the Association and all owners authorizing the recordation of the First Amended Map. The original of this will be recorded with the Amended Map. Please contact me with any questions or comments. Also, please contact me at the time of recordation of the Amended Map as I will need to record the Certification and Owner's Consent and Acceptance at the same time as the Amended Map is recorded. Thank you for your assistance with this matter. V truly yours, pp Y & ALDER '6 ichard Y. Neiley, Jr. RYN /agk Enclosures cc: James R. True, Esquire CERITIFICATION OF OWNERS' CONSENT AND ACCEPTANCE FIRST AMENDED CONDOMINIUM MAP OF ASPEN WEST CONDOMINIUM Lots Q, R and S, Block 61, City of Aspen, County of Pitkin, State of Colorado The undersigned, being the owners of units in Aspen West Condominium and members of the Aspen West Condominium Association, Inc., hereby consent to and accept the First Amended Condominium Map of Aspen West Condominiums, bearing the date of preparation of August 5, 2011 and comprised of two sheets depicting the current improvements on the above - described real property, including the expanded footprint of the building and the enlarged units located therein. __ 'Unit Unit IA: DA3'f�3.W4CYl7, F ist° Tag BLAME +"3? f: : EhIllit;t5C0.; arm . ; 1 Tari Lie IF - tab: Unit9 • mss: — - 'R3I3S M A1": C38IfiTA ), sucriespRs " �� wv a LL _f4 /��. �� . itr y*US ) Lil E . • itIC3ra a•; _ - ec' `r' LWINGflWST, a.d � i - ,- B e31, tnift .. • • Page 1 af•Z • „ ,,,•• - CZATIFICATILY ASPEN WEST CONDOM:M[17M ASSOCIATION, INC. , Tim • andenigneel freeident of Aspen West Condcminium Associattion, Tem beaky °citifies that the foregedag amen have consented to mid approved the First Azoonded Condominium Iviip.of Aspen 'West Candorobrinaa and have suithorized Aspen West Condominium Assoktion, Inc to Jame/standee:cow said Amended bhp and Ole Certification ofOwntrs, Consent and Authorization. • ASPEN VIZST CONDOMINITAvi ASSOCIATION, WC • • /: • By. _:.... .7. ./.; _Ali Sti—tr.a • 66 . rr NICHUgb. RICCI -• / STATE OF COLOPA,D0 ) • ,).aa COLINTY;ORPTIMIi * j The fonegoing Crotification of ()smuts' Conscat and Authorization — Ent Aar • Coadominrom Map of Aspen West Condearroduro was itelmowledged mul.sIgned before me this _ .. 4 aft 2021. by Mehl Litde Menu*, as President of ASPEN "IYZI COlfiDolvfiNIUM • 4fifit3ClAITIQN, MC. • • . ' • . "WasES and official , .. !ifittro mains : 7/ 9 i , . . . ' • Page 2 of 2 i • • 1. :r ,. ;L.- E .. _ t'- ;4 ;t4 i. s i Colora C om mo n Interest Ownershi Act 38- 33.3 -120 P d � , 4 e 39 t ; C 11 x , , Tercent of the votes that the persons present at such meeting in person or by • t 4,. t . -, f t e re , titled to cast. . , ar no persons entitled to vote thereon, the election to be treated as a merest c ommun i ty under this article may be made at a meeting of the board of `� s � `° uant to a majority vote of the directors in office. f ; ,statement of a resident orcvice provisions of by el be executed as aanrid 'I ef tr�a,;i _ � , _ '''';' , '''. - e dged by the president i ; Hof such association and shall set forth: ,: % ' ' � e n am e of the common interest community and association; ,.'t � �a n a t , the assoc has elected to accept the provisions of this article; e; ! rtio i 3 , t. „ ; were persons entitled to vote thereon, the date of the meeting of such I. c i , ,,� . which the election was made esent at treated as a common interest community and that such acceptance was "" 1s1.: '43 le that a quorum was p , ?artic, r � '- ' fib « �; by at least sixty seven percent of the votes that the members or stockholders {. um ii l „ � raESnch meeting in person or by proxy were entitled to cast; ° t-e41: a a ° g there were no members or stockholders entitled to vote thereon, the date of the „un h ,r.,t+ : t; f ,�of the board of directors at which election to accept this article was made, that a i � `nmheS -"„ E as present at the meeting, and that such acceptance was authorized by a majority ', , ; directors present at such meeting; 1 k a i` eleted by amendment, L. 93, p. 645, § 7, effective April 30, 1993.) `I£ : rte .: . +e names and respective addresses of its officers and directors; and 'IX a secsa : F. x , = r � there were no persons entitled to vote thereon but a common interest community l a d w, eated by virtue of compliance with section 38 333 103 (8), that the declarant a c r t endz, -+ . r r � , � � �, the common interest community to be subject to all the terms and provisions of 'G ,a c h e. nae f ffective h 257; 1 e orig al statement of election to be treated as a common interest community 1 Th , ,.;, Leo the terms and conditions of this article shall be duly recorded in the office of the • h 1 , �,� ; .d recorder for the county in which the common interest community is located. ; ' pon the recording of the original statement of election to be treated as a common - ,"- Comm uni ry subject ect to the provisions of this article, said common interest commu- 4_ ' ' 3� Al be subject to all provisions of this article. Upon recording of the statement of + 4, E i , , .such common interest community shall have the same powers and privileges and 1 � 1 Y. Itt, ejgct to the same duties, restrictions, penalties, and liabilities as though it had been r. ie refe ,; der June 30, 1992. d m ski; ° sz by `` ' Notwithstanding any other provision of this section, and with respect to a co mmon P b- a tLeommunity making the election permitted by this section, this article shall apply � 1 isg*i t ,,, r th � $ respect to events and circumstances occurring on or after July 1, 1992, and does - '3� f validate pro visions of any declaration, bylaws, or plats or maps in existence on June 4 = L . -, r 992 - 9 � -i [nt �r 1711 § 1, e July 1, 1992; (5) amended, � L. 91: Entire article added, p. > to have+ ; " ; .�' 4 § 65, effective July 1, 149 L. 93: IP(1 (1)(a), (2)(c), and (2)( amended, p. 92 Saud '. ; , 7 , effective April 30. i in [ Kri i! I � � � ` :3 3.3 -119. Exception f or sma ll preexisting cooperatives and planned communi- • luectois E x created within this state before July 1, 1992, lzree�g' � � R f if ; a cooperative or planned community f: r � no more than ten units and is not subject to any development rights, it is subject °; t fibers _ or° fit„ t st4 aections 38- 33.3 -105 to 38- 33.3 -107 unless the declaration is amended in confor- }.� �,,�� `' o "'- v�ith applicable law and with the procedures and requirements of the declaration to ociatign e l l } �` � ;�dvanta provisions of section e of the 38- 33.3 -120, in which case all the sections tidei , o r b , . g P oses,`of ., " 'aerated in section 38- 33.3 -117 apply to that planned community. g an ek e " ,v 4.- .urce: L. 91• Entire article added, p. 1713, § 1 e July 1, 1992. L 2009: E ntire h a copy4F 1120, § 2, effective May 14. the, i , ''11 amended, (SB 09 -249), ch. 248, p. or oth l,14 In the case of temp }_ ' -, „ 33,3 -120- Amendmen to preexisting governing instruments. (1) at 1 •! - dm ents to the declaration, bylaws, or plats and maps of any common interest fir+_ s k b5y fb � M * g i :. c v; , , • C 4. r s! r �y Pro ert Real and Personal Title 38 page 398 T C �` ,, 38- 33.3 -120.5 Property s , community created within this state before July 1, 1992, which has not elected treatment P r; under this article pursuant to section 38-33.3-118: { ; ,' j (a) If the substantive result accomplished by the amendment was permitted by law in *° ° effect prior to July 1, 1992, the amendment may be made either in accordance with that law, rt ': t ? r '' in which case that law applies to that amendment, or it may be made under this article; and Y' S ° r „ :,-; a (b) If the substantive result accomplished by the amendment is permitted by this article, re , '''.1-,'1 , and was not permitted by law in effect prior to July 1, 1992, the amendment may be made a �' , p under this article. k y �' ;,, "' (2) An amendment to the declaration, bylaws, or plats and maps authorized by this i ��' section to be made under this article must be adopted in conformity with the procedures and b• i r i , requirements of the law that applied to the common interest community at the time it was '� 1 ! ., '1 created and with the procedures and requirements specified by those instruments. If pan si t y amendment grants to any person any rights, powers, or privileges permitted by this article; p: F 1 rA all correlative obligations, liabilities, and restrictions in this article also apply to that person (3) An amendment to the declaration may also be made pursuant to the procedures set �` forth in section 38-33.3-217 (7). h 1, effective July 1, 1992. L. 2002: (3) �i Source: L. 91: Entire article added, p. 1713, § , n, '` i added, p" 767, § 2, effective August 7. is Cf ti , ANNOTATION re 2 .,i. tl There is a two -step process in reviewing the s ection (1) and then the amendment's validity as rc § '' ; .: validity of an amendment to a plat of a com a q uestion of b, procedure is considered under t mon interest community created before July subsection (2). Giguere v. SJS Family Enters:' .4, I , 1, 1992. First, the amendment's validity as a 155 P.3d 462 (Colo. App. 2006). t question of substance is considered under sub - is it :x 4.= F .. ? . 38 33.3 120.5. Extension of declaration term. ( 1) If a common interest community c] ,�_ -: � • has a declaration in effect with a limited term of years that was recorded prior to July ' 1, s � =d 1992, and if before the term of the declaration expires, the unit owners in the common interest community have not amended the declaration pursuant to section 38- 33.3 -120 and h'1.‘,1 {. in accordance with any conditions or fixed limitations described in the declaration, tht , declaration may be extended as provided in this section. (2) The term of the declaration may be extended: • (a) If the executive board adopts a resolution re commending g that that the the l a a tionh rc w exten for a specific term not to exceed twenty years extending the term of the declaration be submitted to the unit owners, as members of the d� association; and i =� r 1 • (b) If an extension of the term of the declaration is approved by vote or agr Bement of d unit owners of units to which at least sixty-seven percent of the votes in the association , `ar 9` allocated or any larger percentage the declaration specifies. « (3) Except for the extension of the term o declaration pursuant to the provysions k ' no other provision of a declaration may amended P ,i. , dc l ection (4) . at For any meeting of unit owners at which a vote is to be taken on a Prof° • ) " s extension of the term of a declaration as provided in this section, the secretary or o :�" r h' officer specified in the bylaws shall provide written notice to each unit owner purpose, 0 ku f� entitled; ii vote at the meeting stating that the ose, or one of the purposes, of the meeting consider extending the term of the declaration. The notice shall be given in the time : ".1,1-40. c 1 manner specified in section 38-33.3-308 or in the articles of incorporation, decl. b laws, or other governing documents of the association. ' endme..t 4 , Y The extension of the declaration, if approved, shall be included in an am � , (5) ::,,,a' ,i the declaration and shall be executed, acknowledged, and recorded by the associatio • < r any , ` records of the clerk and recorder of each county in which an onion of the c 4 a � � jJ , interes community is located. The amendment shall include: ia, '' ' (a) A s tatement of the name of the common interest community and the as so c , i l :0 t ,t y ;.•i, d ""g;;ay /2 at t0 02 o'clock AX „ �� ' , ' Reception i ;Nei. P eg gy R^Ttiklich, Rettrd BWKmini r RecePClon ;Na. 15 C+' , M.1 n P�, 4 `. .'�� f .. i,. i. - CONDOMINIUM DECLARATION d`+ FOR 'Common expenses' mca =i - so., management and admi • ?. t x�, ASPEN WEST CONDOMINIUM_ operation, i THAT WHEREAS, Robert G. Stevens herein- t provisions sums of this a ti a t owner of the real property described on the KNOW ALL MEN BY THESE PRESENTS: Managers of the Association. after ed called bitc"A'. whichh is reference is made a part hereof; and ' attached Exhibit A ", act under the (h) 'Association of unit own a a Colorado not - for - profit cor WHEREAS, Declarant crahiP Act of Che Stateh Colorado; ' Condominium Own the Certificate of incor Poration + lan for the ownership in fee room 11 WHEREAS, Declarant does hereby establish • 9 of this condominium property, simple ed in each of of the real property estates consisting of the area or space 1 contain and the air building owners of 'Building' means a e ng l ' ten the co-ownership Y property, which property is 5 tenants in common, of all of the remaining general common elements; oW (j) 'Map', 'Condominium N hereinafter defined and referred to as the 8 restrictions, t , uses, engineering surrey of the land d VOW THEREFORE, Declarant does hereby • en publish and declare c tit the the floor and elevation plans dot li it sand, bligations conditions, easements, administrators part of or all of the improvemm • • bomutburdan and a benefit [o Detlarant,ehis hcira exetutoraland, shall shall be person acquiring or owning an interest in the real T he Map may be filet and property an and any n successors, heirs, Map. P to time, a s t he stages of constr property and s. executors, 2. dew oments, their grantees, Each section administrators, devisees or assigns. pia fly completed. • Map shall be termed a s ect io n 1, Deiinitlona, anises t its tontex[ s hall oxDressly provide otherwise. M pple all is shall d shown the ace which is contained within suite shall so ha filed b shown the �'' (a) 'Unit' mains an oo veil ngs s windows and doors of each unit [ 1 ,.i the ho ono th walls, ileums, pe hi bee, and vertically, Each such Ma p as shown on the Condominium Map to be filed for record, together with been substantially completed e all fixtures and improvemen to therein containe located . condominium unit to a p following: The legal descriptil i - of the crutvanl components of the building, [he wales. butiding(s ): the floor and cle vas ,1. horizontally and vertically: the t to) 'nondoognthe unit' means the fee inmere interest and common �: .0 the 8 units; the location of any strut and en a unit together with the undivided interest in located within a unit; and. the elements and the appurtenant limited common elements thereto' artnershSD. contain the certificate of a rag ( 'pwne r' me ale a person, Persons, firm, corporation, p both, certifying that the Map e nn interest in one or more condominium units. association or other legal entity, or .any combination thereof, who owns) vertical measurements of the i its. ve the units, the elevations of ( rf g symbol, and that such Mal (d) 'General common elements' manna and includes the land e balconies improvements. Each eupplen in Exhibit "s the structural components of the building; In Ent r the parking spaces: and all other parts of such land and the improvements separate unit as constructed t •`'� [hereon necessary or convenient to its existence, including and Cate when appropriate. b Cho rant reserves the right to am which are normally and reasonably in common use, according to the actual lecatit • such land, all of which shall be owned, as tenants in common, by owners of the separate untie, each owner of a unit having an undivided vacate and relocate easement to am percent rovide or fractional interest`in such general. common Clemente as is ; provlJeJ hereinafter. i mite ' Division of Property into 0 ■ (e) L ^p" and the improvements th fi 'Limited c e means chose Peres either of the general common elements which are either limited to and reserved for the exclusive ` � ` '1 use of an owner of a condominium unit or are limited to and reserved for estates, each such estate cot to each unit as is set forth at 3 i the common use of more than one but fewer than all of the condominium percentage or fractional tote unit owners. a part hereof. ' ro project means all of the land and improvements i (f) P 1 Declarant reserves the' ' � initially submitted by this Declaration and sub sequently submitted as with the apace within one or '! may be provided hereinafter. tion of parts of the space wit • I • - ' m ar.• a g unite• a g gregate djoinin or divided u and nd(vid (ii 3 �i 11-5-40Y-2, `i therefrom shall be reflected Tt3 � d a - Limited Common £lame t + - for the exclusive use of the ' ? y4-at.., ` i referred to as '1(mitdd mom 't J,,�fp yq. as7€ tttttt >° Par ' -. 3''`�Sy'•gq wb r9 � � ' r r � --+ 1�„ ' �1.:.7 7 �- 4ry ^ l.;t,,. { '� • � I 1 ,t r `w .r 1 ",: p1""L,UJ rnkclt#v•:�.t ;tb.:f: • 3 (g) 'Common expenses' means and includes expenses for maintena Irepatr, operation, management and administration; expenses declared — shbil be identified o common exp. noes by associated with and .n- the all sumo of this Declaration and the By -Laws of the Condominium Asaod•tion, used in connection r the and all sumo lawfully a ssessed against the general common elements by the Board of of the general Como • and Ala nagc r° of the As eoc lotion, ' ' _ units in this Condon e the other owners to (h) 'Association of unit o o rp o r' io bearing name means the Association odomi formed the of other owners as a Colorado not - for -profit corporation By- a ws of the name of g ive the ad minis ra t i on entice are condominium i tea the this condominium o[ m proport the of which Assoc ation shall be all of the t mere• or other i of this condominium p P Y•• Y ! this Declaration, owners. of the condominium unite e s - i. Parking Spaces e - (i) 'Building' means a single building containing units as shown on the M ap. the Declarant until • (j) 'Map', 'Condominium Map' or 'Supplemental Map' means and includes the ing shall ti engineering survey of the land depicting and locating thereon all of the improvements, s in 6. be • ill the floor and elevation plans and any other drawing or diagrammatic plan depicting a [n the general tom i ratora part of or all of the improvements and land, in then ene Inseparability sh V rat i c ec of :al - sre, • x hlap. The Map may be fil for record in whole rte or in parts or sections, from time to Each section of the Map filed subsequent to he t time, as the stages f construction e improvements nt or initially filed devised or encumb B f led 1 Description of in supplements shall ally cam ?leted. written prior n th e Map shall be termed a Supplement to such Map and the numerical sequence of such The Map or any part or section thereof depicting' written its identifying ri c by shown thereon. by isle h i o[ more t it b shall nt i• It filed P ) P ed for record until the permit the building l at ioh the unit, horizontally consi are located o s of both o m the h h been substantially Ea h ucheMap order shall be filed for recordprior to the conveyance of a ref ing of the Map a f N y and vertically. Each such Map shall depict and show at least the trust deed, will of condominium unit a purchaser. identify unit de dying follllowing: The legal description of the land and a survey thereof; the location of the of more than and 1 building(s); the floor and elevation plans: the le of the unit within the building, both. Terence to the Ma; in xenon horizontally and vertically; the thickness of the e common walls between or separating the description shall units; the location of any structural components or supporting elements of fhe hall bur or otherwise located within a unit; and, the unit designations and the building eumbol. P Chip, costa in the ce rti (irate of a registered professional engineer or licensed architect, or to include a non-( dimensions designations, °vn (a) limited common < both, certifying that the Map substantially depicts the location and the hothe all of the general vertical measurements of the building, the units, the unit design gibed of the units, the elevations of the unfinished floors and ceilings as constructed, the build limited common • °nits ing symbol, and that such Map was prepared subsequent to substantial completion of the rain reservations with and in the be ements improvements. Each supplemental and /or any amendment shall et f or th a like es cer each a earn when appropriate. In interpreting the Ma Decla 8, Separate Ass• above bove separate unit as o right ucte s a e conclusively presumed to be lie boundaries. notice to the Ass. o rant reserves the right to amend the Map. from time to time, to conform t e same ded minium ownershi i according to the actual location or any of the constructed improvements and to establie • divided interest i a s vacate and relocate easements, access road easements and on -site parking areas. 3. Division of Pro art in Co ndominium Units. The real property described in Exhib parcel and subje. - :elusive estates. A" and the improvements thereon are hereby divided into the following fee simple :d for each such estate consisting of the separately designated unite and the undivided 9. Ownership tenancy rcla ti oni sum percentage or fractional interest in and to the general common elements appurtenant 10. Non- Partin to each unit as is set forth on the attached Exhibit "B ", which by this reference is made shall be owned it a part hereof. and no owner eh: its as physically combine the space within one unit tents. Nothing with the space within one or mo Declarant reserves the right to d ( p Y sica r co•• to combine a part of or combing- o f a con dominiut other condomini lion of parts of the lea in one unit with part or pa is of the space w ithin o ne or more adjoining unit , and (iii) to divide into separate uni s the space of one unit. The aggregate or divi•ed undivided interests in the general , ommon elements resulting 11 Use o[ Gen. exclusive owner therefrom shall • reflected by an amendment to E. •tt "B" hereof and to the Map. limited common 4, Limited Common Elements. A portion of the general common elements is reserved without hinderin r oe the d eftrred to fclus as ve use of the indt common scam idual em nwner The the respective t ommon elements so reserved! 12. Use and Oc r to as 'limited alemt and their guests ' r 4 ; • t . • , i S, - Declarant s �rii. = i t w S. ` :1:4-ti, ?, 79.f t -s • t"rA r/ . . -S h ?:�. y ,k r -a- 'r �t1£ ",' r '-• � h :r�Jr • ,tY 'i"• r a n yt s .t l ,4 -, ' .A . , Lr; 'I—, t" rx,71,7.1 Nt wi i i.' is - _ 3 , i." ' t'7 p t t w a =4 ,pair,'.. .. .es by .: ,.,.... .. ' r. • shall be identified on the Map, Any b alcony,'patio or deck whiefile accessible from, iation, associated with and which adjoins a unit'shall, without further reference thereto, be oa rd of used in connection with such unit to the exclusion of the use thereof by the other owners :p. of the general common elements, jxcept jnviita =ion. All of the owners of condominium z units in this condominium prole shall have n- exclusive right in common with all of _ a rmed the other owners to use of Did elks. pathways, l oads and streets located within the n project, entire condominium project. o reference there o, whether such limited common etc- • titration mcnts are exclusive or non -ex , usive, need be in any deed, instrument of convey - of the . once. or other instrument, and - ference iymade to the provisions of paragraph 7 of F this Declaration. -- ap. b 5. Parking Spaces. On -site parking areas and facilities shall be under the cor.trol.of s the f the Declarant until the condominium project has been completed. Thereafter, the park - vemen:s. ing areas shall be under the control of the Association. , . i icting a :_ • . 6. Inseparability of a Condominium Unit. Each unit, the appurtenant undivided interest , in the general common elements and the appurtenant limited common elements shall te- - . gether comprise one condominium from unit, shall be insepara and may be conveyed, leased, e aubatan- % devised or encumbered only as a condominium unit. tially filed ; f such 7. Description of Condominium Unit. Every contract for the sale of a condominium unit ( depicting' ,i written prior to the filing for record of the Map may legally describe a condominium unit „ by its identifying unit designation, the building symbol (if the condominium project will aced has consist of more than one building), followed by the name o! this condominium, with further rizon[a lly reference to the Map thereof and the Declaration to be filed for record. Subsequent to the nce of a . - filing of the Map and the recording of the Declaration, every deed, lease, mortgage. • set the trust decd, will or other instrument may legally describe a condominium unit by its - _ n of the identifying unit designation, the building symbol (if the condominium project will consist dieting, both of more than one building), followed by the name of this condominium, with further re- pa rating the Terence to the Map thereof filed for record and the recorded Declaration. Every such ouildi ng description shall be good and sufficient for all purposes to sell, convey, transfer, encum- , e Map shall ber or otherwise affect not only the unit but also the general common elements and the ice cc, or limited common elements appurtenant thereto. Each such description shall be construed - • ntal and to include a non - exclusive easement for ingress and egress to an owner's unit and use of - d theiona all of the general common elements together with the right to the exclusive use of the • :d, the build limited common elements. The initial deeds conveying each condominium unit may con - etion of the tain reservations, exceptions and exclusions which the Declarant deems to be consistent . ike of each h with and in the best interests of all condominium urtit owners and the Association. ries of each ries. Decla g Separate Assessment and Taxation - Notice to Assessor. Declarant shall give written . e same notice to the Assessor of the County referred to in Exhibit "A " of the creation of condo - :o establish, minium ownership in this property, as is provided by law, so that each unit and the un- • areae. divided interest in the general common elements appurtenant thereto shall be deemed a .. bed in Exhib parcel and subject to separate assessment and taxation. simple te undivided 9. Ownership - Title. A condominium unit may be held and owned in any real property tenon y clationship recognized under the laws of the State of Colorado. vrtenant nce is made + 10 Non- Partitj" it of General Common Elements, e g ..- on elements ! 11 be o d in common by all?o( the owners of the units and shall remain u •ivided, >ne unit and no o ner shall bring any action for partition or division of the general comma ele- •r combine- ments, othing contained herein shallbe construed as a limitation of the right of rtition , in one or of a condo ' ium unit between the owners thereof, but such partition shall not ect any , . other condominiu unit. The - salting 11. Use of General and Limited Common Elements. Each owner shall be entitled to - he Map. • exclusive ownership and possession of his unit. Each owner may use the general and limited common elements in accordance with the purpose for which they are intended, _ is reserved without hindering or encroaching upon the lawful rights of the other owners. R. tat areas ar• . - • to reserved i 12. Use and Occupancy. The units shall be used and oecupied by the owner, his familye , - _ and their guests, his busines• invitees and his tenanes' and their guests _'= . ,� Declarant and Dicta rant's employees, representat(ves, agents and contractors ma Si r , 1 r u ` ... 3 ,' 't e q i �, § , , 4.:::=C: 4 x . -r 3 a . ' ' t ' i . r t•+ r^ ,h "' a i, ;..4 :5 r try s ' J „ � ' 7. ..P ▪ r � .,4, :it' y, '4v 6 .2 1 .. 1'T' "3Y' -i . . ; 4.r agag => Pit" s (°' f ' a intain :b siness and sales,offlce)'reonotruction (aniline!, and yards; '( y 4 m - , 'and other` developer s facilities necessary or�re'qufred during the construction and `'' • .t-; salesperfods,'. The Managing Agent may maintain an office in one of the units in the r , condominium project for the purpose of managing the condominium units within thts ' a condominium project, , - 5 *Yt } 1- � e: : t i ( .,r1 - , , 'tr'it -` a `n ,irS a C. n,ZUB, -A 1). Easements for Encroachments. Ifanyportlon of the general l coommon elem ementr 1 encroaches upon a unit or units, a valid easement for the encroachment and for the ■ maintenance of name, so long as it stands, shall and does exist. If any portion of a 3x,, unit encroaches upon the general common elements, or upon an adjoining unit or units r `' ‘ ' • • a valid easement for the encroachment for the maintenance of same, so long as it ,•,pN _ . stands, shall and does exist. Such encroachments and easements shall not be considered' or determined to be encumbrances either on the general common elements or on the units' i • for purposes of marketability of title. • - 14. Termination of Mechanic's Lien Rights and Indemnification. Subsequent to the cqm "✓ '` ... - pletion of the improvements described on the Map, no labor performed or materials fur " '■ niched and incorporated in a unit with the consent or at the request of the unit owner, his C; i A ? agent. his contractor or subcontractor shall be the basis for filing of a lien against the ' - , I ; ... • unit of any other unit owner not expressly consenting to or requesting the same, or - gainst ; _ the general common elements. Each owner shall indemnify and hold harmless each of the ' other owners from and against all liability arising from the claim of any lien against the 4 . unit of any other owner or against the general common elements for construction performe• 1 ` t or for labor, materials, services or other products incorporated in the owner's unit at r i • such owner's request, The provisions herein contained are subject to the rights of the t • Managing Agent or Board of Managers of the Association as set forth in paragraph 17. } .. property governed b the 8 By-Laws of the Association. An owner of a _ 15. Administration and Management. The administration and management of this con4o- 3 minium shall be by • o condominium unit, upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. The Association shall be initially governed by a Board of Managers as is provided in the By -Laws of the Association. The [,y Association may delegate by written agreement any of its duties, powers and functions to any person or firm to act as Managing Agent at an agreed compensation, - • �q 16. Certificate of Identity. There shall be recorded from time to time a Certificate of Identity and the addresses of the persons then comprising the management body (Manager• it. and Officers) together with the identity and address of the Managing Agent, if any. Such • Certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith regardless of time elapsed since date thereof. The first such Certificate shall •/ be recorded on or before ninety (90) days after recording this Declaration. I 17. Reservation for Acc_ss - Maintenance, Repair and Emergencies. The owners shall have the irrevocable right, to be exercised by the Managing Agent or Board of Managers of the Association, to have access to each unit from time to time during reasonable hours • ' as may be necessary for the maintenance, repair or replacement of any of the general common dements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general common elements or to another unit. s - Damage to the interior Ar any part of a unit resulting from the maintenance, repair, emergency repair or replacement of any of the general common elements or as a result of emergency repairs within another unit, at the instance of the Association, shall be e common expense of all of the owners; provided, however, that if such damage is the re- sult of the misuse or negligence of a unit owner, then such unit owner shall be responsible • • and liable for all of such damage. All damaged improvements shall be restored substan- tially to the same condition in which they existed prior to the damage., All maintenance, _ repairs and replacements as to the general common elements, whether located inside or . - • outside of units (unless necessitated by the negligence or misuse of a unit owner, in which case such expense shall be charged to such unit owner), shall be the common expense of all of the owners, 18, Owners' Maintenance Responsibility.- For purposes of maintenance, repair, alters- tion and remodeling, an owner shall be deemed to wn the interior nnn-- »martins walls, • -the_ materials (such as, but not limits tod plaster, gypsum dry wall, paneling, Dual per, paint, wall and floor tile and flooring;, but not including the •ub - flooring) snaking up the . • • • •t4 4 ; w( �«'�s. -•r 4 "T"';', , t ^� a S . r`t YAa g5 , S. Cinta surfacer - of the perimeter -w , t eeili s ai�do ti -_ g i unit doors and window. s 9 The rime shall no dm eeed�too l i . q pesip 1jest - _ _ ■ Qtconduits or systems (which for b revity are h ereln • atinetreaftlZ =9 r ed s t 0 � }s util - �s) si , \ \ r unning through his unit which ones or m oz theme if '^ . e tea la a.ee with the other owners • ;`Such utilities shall not ae ditturbedo e ietra eF : ,y without the written consent and approval ' of, the Board of Managers - Sueh ghs tokrepair, J : alter and remodel is coapind the obligation to,replace any finishing - or other materials removed with similar or other types or kinds of materials;�S caner shall maintain and r y s j • * keep in repair the interior ofh_ is own unit,. including, the fixtures ,the ti - - "and'equipment installed within the unit eornmeneing at a point . where the utili^ ter c+ the unit shall be maintained and kept in repair by the owner,t jeof "),<-. „An ownei,zhall do � - no act nor any work that will impair the structural :soundness or,integrity of th e:b • „' , - - or impair any easement or hereditament;:' An owner shall also keep the baleony a1'(' - Y ” . appurtenant to his unit in a clean and sanitary condition: All other mainteranccor're� r,; - - pairs to any limited common elements, except as caused or permitted by the owners ., negligence, misuse or neglect thereof, shall be a common expense of all of the owner yt v • ,,ma •¢art • 19. Compliance with Provisions of Declaration, By-Laws of the Association. Each - , owner shall comply strictly with the provisions of this Declaration,. the Certificate of Incorporation and By -Laws of the Association, and the decisions and resolutions or the ,• • - Association adopted pursuant thereto as the same may be lawfully amend' d from time r { �' . to time. Failure to comply with any of the same shall be gr•=unds for an action to recover :' sums due, for damages or injunctive relief or both, and for reimbursement of all attorney's' , - fees incurred in connection therewith, which action shall be maintainable by the Managing . ;'),,, - . 1 - Agent or Board of Managers in the name of the Association on behalf of the owners or, in a proper case, by an aggrieved owner, ■ Lei. 1u Lkf. C. T �Ec. 20,2 Revocation or Amendment to Declarati n. This Declaration shall not be r evoked C unless all of the owners and all of the holders of any recorded mortgage seed of trust _ covering or affecting any or all of the condominium units unani ": ust consent nd agree - to such revocation by instrument(s) duly recorded. his sec - ration shall hot • amende.i , ' . • -, unless the owners representing an aggregate ownership intere t •yT n or more, r of the general common elements and all of the holders of any re •n - • " ":"�7 or deed - l'. of trust covering or affecting any or all condominium units consent - _ to such •• • � a. _ amendment by instrument(s) duly recorded; provided, however, that the percentage of the s undivided interest in the general common elements appurtenant to each unit, as expressod 1 - s in this Declaration, shall have a permanent character and shall not be altered without the h consent of all of the unit owners expressed in an amended Declaration duly recorded, and provided, further, that revocation of this Declaration shall always require the onsent of I 1 all of the owners. -rt �r''xl a� 0 6 / iS` o 1 r( ( 21. 1 Additions, Alterations and Improvements of General and Limited Common Elements, . I , '` -_ t here shall be no additions, alterations or improvements of or to the general and limi e - common elements by the Association requiring an- expenditure- tn- exttsa..of Dollars per unit in any one calendar year without prior approve o a ma ority of the, .Y owners, and such expenditure(e) shall be a common expense. SueFlimitation shall - not be applicable to the replacement, repair, maintenance or obsolescence of any general or limited common element or common personal property . • 22, Assessment for Common Expenses. All owners shall be obligated to pay the asses• • mcnts, either estimated or actual, imposed by be Board of Managers of the Association to - meet the common expenses. The assessments shall be made according to each owner'• per -' tentage or fractional interest in and to the general common elements. The limited common . elements shall be maintained as general common elements. and owners having exclusive use 'thereof snail not be subject to any special charges or assessments for the repair or main- . - _ tenance thereof. Assessments for the estimated common expenses shall be due in advance , • on the first day of each calendar quarter, or more frequently as may be determined by the .. - Board of Managers or Managing Agent. The Managing Agent or Board of Manages shall - - prepare and deliver or mail to each owner a statement for the estimated or actual common 4 . expenses. rp" r - • In the event the ownership of a condominium unit, title to which is derived from Decla rant, commences on a day other than the first day of the assignment period the men[ for that period shall be prorated, ' c , 3 - : a ri - . _ _.,. ry i ( • f y ;' t• Z .' c c r .y • . . . v Y. - a }1: r .•.." , �tt t[?±CC ; ul 5FAf . a :1,eri S. A.•4 S - s ;j. „f t , •. • , , • - The as ssn em., .nade shall be, based upop, the cas ", requ_ ents deemed to uv such I ,. ,�+ ,' at ` . , i aggregate sum as the Managing "Ager,t;?oT if them "as no Managing Agent then. the 'Board 1 :of Managers of the Association, •shall rom time determine 1u to bo' patdby all o the condominium unit owners,�including.Declarant;-to provide for the of all':. . estimated expenses growing out of or connected with the maintenance,; repair,' operation, • additions,' alterations and improvements of and to the general common elements, ,which ••- - , - sum may include, but shall not be limited to " �expenees of management; taxes. and special , .. _ __, assessments until separately assessed; premiums for fire insurance'with extended covtrag- and vandalism and malicious mischief withh'endorsements'attached issued iii the amount '! of the maximum replacement value of all of the condominium units (including all' fixtures;.? vt interior walls and partitions; decorated and finished surfaces - of perimeter; walla, floors`� and ceilings; doors, windows and other elements or materials comprising a pars of the j r� units); casualty and public liability and other insurance premiums; landscap. ng and care ��' of grounds; common lighting and heating; repairs and renovations; trash and garbage , > ,: collections; wages; common water and sewer charges; legal and accounting fees; manage - • I s .. ment and rental fees; expenses and liabilities incurred by the Managing Agent or Board . �' of Managers on behalf of the unit owners under or by reason of this Declaration and the .1' ' j, By -Laws of the Association; for any deficit remaining from a previous period; the creation ` r� of a reasonable contingency, reserve, working capital and sinking funds as well as other i costs and expenses relating to the general common elements. The omission or failure 3. of the Board of Managers to fix the assessment for any period shall not be deemed a waiver, r modification or a release of the owners from theft obligation to pay the same. The Asso- ' ciation may require each owner to deposit and maintain with the Association an amount -' x. •`?� - equal to one quarterly estimated assessment for use as working capital. • t... • - 23. Insurance. The Managing Agent, or if there is no Managing Agent, then the Board • 1, . of Managers of the Association, shall obtain and maintain at all times insurance of the V type and kind provided hereinabove and including for such other risks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other t • condominium buildings, fixtures, equipment and personal property, similar in construe- Lion, design and use, issued by responsible insurance companies authorized to do business in the State of Colorado. The insurance shall be carried in blanket policy form naming the Association the insured, as attorney -in -fact for all of the condominium unit owners, which policy or policies shall identify the interest of each condominium unit owner (owner's e4d name, unit number, building designation), and which policy or policies shall provide a ,.... standard, non - contributory mortgagee clause in favor .r( each first mortgagee. It shall • ` . also provide that the policy cannot be cancelled.until after ten days prior written•notice is • first given to each owner and each first mortgagee. The Managing Agent, or if there is • - no Managing Agent, then the Board of Managers, shall also obtain and maintain, to the extent obtainable, public liability insurance in such limits as may from time to time be f , determined, covering each unit owner, each member of the Board of Managers. the r • Managing Agent, and the resident manager. Such public liability coverage shall also cnver cross liability claims of one insured against another and shall contain waivers - . of subrogation. Each owner may obtain additional insurance at his own expense for his own benefit provided that all ouch policies shall contain waivers of subrogation and • provided. further, that the liability of the carriers issuing insurance shall not be affected or diminished by reason of any such insurance carried by any unit owner. Insurance coverage on the furnishings and other items of personal property belonging to an owner and casualty: and public liability insurance coverage within each individual unit shall be the responsibility of the owner thereof. - 2•1. Owners' Personal Obligation for Payment o(Assessments• The amount of the common expenses assessed against each condominium unit shall be the personal and individual debt . of the owner thereof. No owner may exempt himself from liability for his contribution of the common towards the common expenses by waiver of the use or enjoyment of any • elements or by abandonment of his unit. Both the Board of Managers and Managing Agent • \'' shall have the responsibility to take prompt action to collect any unpaid assessment which remains unpaid more than 15 days from the due date for payment thereof. In the event of • • - default in the payment of the assessment, the unit owner shall be obligated to pay interest - at the rate of twelve per cent per annum on the amount of the assessment from due date ; thereof, together with all expanses, including attorney's fees, incurred together with i such late charges as provided by the By -Laws of the Association. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing ± 1 • - ' or waiving the lien •ecuring same j . '.» rA 4h ' `{ ' ; ? , ... o f ,-x -., hF . 1 __ ^,% W w r^ •C .n. -- - ?'jwf- u "'^'•.' 25�,_ Aaseser[icnt " , All sum e;Zinc s tb tiar 0 / r 7 ia * * P ima, L } chargcable to 'an' ”1 hal} u • a3„ a ` c i un perlo to rt- ' other hens and encunmratiees, except t oo x to .extc al teasments.4 ens�o¢ ;e 6.,f„�, unit faun r, ofanyassessi¢g uatt lla rt�it¢gaidot�a flratm o i*tgage�ol„firWj 4 tleed� ! ' •y - of trust of record including all u¢� d�obUga . fy„iutns.a ,M s b provldde by ouch eq :'cumbrance To evidence such lien the•Boai�dr6 nagere os Managing *slgent staff prepare a written notice of lien assessm t� glort of suc paidt n :E / ' ! debtedness:the ' amountof, •the accrued interg tbercon,Sth namao y , - the owner of the t condomtnfum unit and a desert tion.*o he eondominiu �init - Such a :,; • - . - notice shall be signed by one of the Board of`M g r oa by one of theoffiters of,the! - j , ;rf r. Association or by the Managing Agent and sliall`be`.recorded in the_ offce`ofahe Clerk : • ,1 a', •- , and Recorder of the County referred to in Exhibit uAlc- Such. lien shall attach from the t. t. • , due date of the assessment :Such lien may betenforced by the foreclosure bf the defiult a ,il ing owner's condominium unit by the Association in like manner a mortgage on reap property upon the recording of a notice or claim thereof, '.In any such proceedings the • r k� owner shall be required to pay the costs, expenses and attorney's fees incurred for filing . , a, {*�`,,' the lien, and in the event of foreclosure proceedings, all additional costs,' all expensea'h� < C "'i and reasonable attorney's fees incurred but not less than the amount recommended by , :ht S f s . �' g the Bar Association of said County according to the then current published and recommeni,; 4 ded fee schedule for foreclosure proceedings (for foreclosure proceedings through Court).; ' ..t �'. 1 The owner of the condominium being foreclosed shall be required to pay to the Asso _ ciation the monthly assessment for the condominium unit during the period of foreclosure, f and the Association shall'be entitled to a receiver to collect the same. The Association 7 • • shall have the power to bid in the condominium unit at foreclosure or other legal sale - j . ,, ,; 4 and to acquire and hold, Tense, mortgage, vote the votes appurtenant to, convey or r . t d otherwise deal with the same. Any encumbrancer holding a lien on a condominium unit ` _•. may pay, but shall not be required to pay, any unpaid common expenses payable with • Tk respect to such unit, and upon such payment such encumbrancer shall have a lien on • k such unit for the amounts paid of the same rank as the lien of his encumbrance without - ' • the necessity of having to record a notice or claim of such lien, Upon request of a mortgagee, the Association shall report to the mortgagee of a condominium unit any a A• unpaid assessments remaining unpaid for longer than twenty -five days after the same - - -- are due; provided. however, that a mortgagee shall have furnished to the Managing Agent yg or to the Board of Managers notice of 'such encumbrance. fi tyyyf777 k. 26, Liability for Common Expense Upon Transfer of Condominium Unit is Joint. Upon * payment to the Managing Agent, or if there is no Managing Agent, then to the Board of • z Fr. Managers of the Association, of a reasonable fee not to exceed Twenty -Five Dollars, • K and upon the written request of any owner or any mortgagee or prospective mortgagee of a condominium unit, the Association, by its Managing Agent, or if there is no Managing - :- Agent, then by the financial officer of the Association, •hall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject •' • ' unit, the amount of the current monthly assessment and the date that such assessment - - becomes due, credit for any advanced payments of common assessments, for prepaid . items, such as insurance premiums, but not including accumulated amounts for reserves . • or sinking funds, if any, which statement shall be conclusive upon the Association in , favor of all persons who rely thereon in good faith. Unless such request for a statement . • of indebtedness shall be complied with within . ten days, all unpaid common expenses - - which become due prior to the date of making such request shall be subordinate to the . rights of the person requesting such statement. The grantee of a condominium unit shall • be jointly and severally liable with the grantor for all unpaid assessments against the , latter for the unpaid common assessments up to the time of the grant or conveyance, without prejudice to the granteele right to recover from the grantor the amounts paid - by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed Twenty -Five Dollars, as is provided hereinabove, and upon written request, any such prospective grantee shall be entitled to a statement from the Managing Agent, • • • or if there is no Managing Agent, then from the Board of Managers of the Association, - setting forth the amount of the unpaid assessments, if any, with respect to the subject . . - _ condominium unit, the amount of the current monthly assessment, the date that such • assessment becomes due, and credits for any advanced payments of common - . - - -- meets, prepaid items, such as insurance premiums, which statement shall be condo- - sive upon the Association. Unless such request for such • statement shall be complied . with within ten days after such request, then such requesting grantee shall not be liable • for, nor shall the unit conveyed be subject to a lien for any unpaid assasa meats against < • 4f"- ' - • • 7 . • , • ' I • t 5 bUUA PALL J Ie t ` • . the subject unit, The provisions set forth in thls paragr..-n shall not apply to t o int to "i I .• sales and conveyances of the condominium units made by Declarant, and such sales shall • be free from all common expenses to the date of conveyance made or to • date as agreed upon by Declarant and Declarant's grantee. ° y C o dominium Vnit Mort "Priority. An owner shall have the right rother 4 t ; w) - time to time to mortgage or encumber his interest 1 be o by deed st, mortgage security instrument. A first mortgage shall be one which has as first and paramount priority - • under applicable law. The owner of a condominium unit may create junior mortgages, tom' - liens or encumbrances on the following conditions; (1) that any such junior mortgages uses, :ee 4 shall always be subordinate to all of term•• conditions, covenants, restrictions } . m limitations, obligations, lien for common expenses• and other obligations created by this • Declaration, the Certificate of Incorporation and the By -Laws of the Association; (2) mortgagee ti f y imprrovemcnts upon the mortgtaged premises, all of his right, t and interest at in and to the proceeds -under all insurance policieo supon said pr upon written reque ssoc n• Such release shalt be furnished forthwith by a j is y one or more of the members of the Board of Managers of the Association, and if such' request is not granted, such release may be executed by the Association as attorney-in `. ;.h fact for such junior mortgagee. ke mandatory • - This Declaration does hereby trice ii" Association as A -in - Fact , the irrevocablle e appointment of an attorney -in -fact to deal with the property upon its r the • destruction, for repair, reconstruction, or obsolescence. subj Title to any condominium unit is declared xp of a or o to the e nd and conditions hereof, and acceptance by any grantee constitute conveyance from the Declarant or from > All o the ownera ti zrev oca hlylace t't to n ntnt and stead for of the attorney-in-fact herein ru a and e ne appoint the Association their true and lawful attorney in their name, p the purpose of dealing with the property upon its destruction or obsolescence as is here - • A s attorne in -fact, the Association, b i rest t and power o Y an Secretar pr Y" . maftcr ovided, or Assistant Secretary, shall have full and complete author .'ition, gh ro Tiers respect exercise aO z make, execute and deliver any contract, deed or any other instrument with zes pe to f- • the into rest of a condominiu Rc nit air and reconstruction [rueiiOn necessary and the improvement(s) as used in the powers her subparagraphs parated. P with each unit se a tit ly the h the succeeding subpar>graphe means restoring the improvement(Q to suba[a ntially Lhe same condition in which they existed prior to the damage• and limited common . The proceeds of any insurance collected vertical bound ares shall be available to i ti before. for the . ^ _ unless t he owners and all first r rst mortgageesagree a not to rebuild in accordance with the s provisions set forth hereinafter. the insurance ? damage or destruction due to fire or other disaster, (a) In the event o damag shall be applied by the As so- 4 proceeds, if sufficient to reconstruct the improvemenand the all be applied a) shalt be' • C p n, as pai d and re ct, t such se The Association shall have full authority right • 6 prom n, re asi red and reconstructed. ` - and power, as attorney -in -fact, to cause the repair and restoration of the impr ovemenu. + { (b) If the insurance Pt e i c e n more than sixty per cent t are of all of the condominium um improve- the mcnt(a and if such darnage such damage or destruction shall be unite (the e whole property), not including land, • promptly repaired and reconstructed by the Association• as attorney-in-fact, using the • 2 ti proceeds cede of insurance and the proceeds of an assessment to be made against all of the Such deficiency assessment shall be a common units. 4 owners and their condominium unite e x pense and made pro rata according to each owner's percentage interest in the general common Clements and shall be due and payable within thirty days after written notice thereof. The Association shall have full authority, right and power, as attorney-in to cause the repair or restoration of the improvement(s) using all of the insurance proceeds for such purpose notwithstanding the failure of an owner t pay the assessm n . The In addition 25. assessment provided for herein shall be a debt of each owner and a lien on his condo - � ' minium unit and may be enforced and collected as is provided in paragraph thereto• the Association, as attorney -in -fact, shall have the absolute right and power addition • .g - . .. r xi i.- • - e ui .'N • < : �� t.y4 t+ .0 it s . ..- < ' a j� t'+ � •Y�v x 3s � '�(•i� flgE *' i +i . i I t g . a v Sell the condominium unit of any owns Tefustngor failing to pay sue e)tctr ncy # r , _ment within the time provided; pi .s paid; theasuociation shall l eausc to % 4-- , It •d< 0,- recorded a notice that the condorritniufrW"ini the delinquent owner shall be sold by the s',.. $ .. - ;:.As sociation as'artorncy to =laci .- purswnt the'provlsions of this "pa rag raphZThs h r • delinquent owner shall be 'required to-pay to theAssoclatton the costs and' expenses for "', filing the noticed, interest at the rates eight per cent per annum on the amount of the il, assessment and all reasonable attorney's fees .The proceeds derived from tha`sale o[ 4 — such condominium unit shall be used and disbursed by the Association, as attorney in - - fact in following order 4at'&Y '¢ t y'' '` ; ,., 1 'r're ' I , - (1) For payment of taxes and special asses•ments_ hens in favor of any arse sing • • entity and the customary expense of sale; , -. • ' .y .„1.--.•-: , .'.. (Z) For payment of the balance of the lien of any first mortgage; (3) For payment of unpaid common expenses and all costs, expenses and fees • ' incurred by the Association; -'N ;; . - (4) For payment of junior liens and encumbrances in the order of and to the - extent of their priority;' and • (5) The balance remaining, if iny, shall be paid to the condominium unit owner.; • • (c) if the insurance proceeds are insufficient to repair and reconstruct the damaged '.! improvement(s), and if such damage is more than sixty per cent of all of the condominium . ).., units (the whole property), not including land, and if the owners representing an aggregate Y.. ownership interest of fifty -one per cent, or more, of the veneral common elements do not 4 • voluntarily, within one hundred days thereafter, rnake provisions for reconstruction, whit• 3 I • '. plan must have the unanimous approval or consent of every first mortgagee, the Anode- lion shall forthwith record a notice setting forth such fact or facts, and upon the record- ing of such notice by the Association's President and Secretary or Assistant Secretary, I ` q the entire remaining premises shall be sold by the Association pursuant to the provisions i. - of this paragraph, as attorney -in -fact for all of the owners, free and clear of the pro- - s. visions contained in this Declaration, the Map and the By -Laws. The insurance settle - ment proceeds shall be collected by the Association, and such proceeds shall be divided , by the Association according to each owner'• percentage interest in the generai common elements, and such divided proceeds shall be paid into separate accounts. each such account representing one of the condominium units. Each such account shalt be in the / • name of the Association, and shall be further identified by the condominium unit desina- ; tion and the name of the owner. From each separate account the Association.. as attorney- - in -fact, shall forthwith use and disburse the total amount (of each\ of such accounts, with- . out contribution from one account to another, toward the partial or full payment of the . lien of any first mortgage against the condominium unit represented by such separate account. Each such account shall be supplemented by the apportioned amount of the pro- ceeds obtained from the sale of the entire property. Such apportionment shall be based upon each condominium unit owner's percentage interest in the general common elements. The total funds of each account shall be used and disbursed, without contribution from • one account to another, by the Association. as attorney -in -fact, for the same purposes V and in the same order as is provided in subparagraph (b) (1) through (5) of this paragraph. / If the owners representing an aggregate ownership interest of fifty -one per cent, or more. of the general common elements adopt a plan for reconstruction, which plan has __ the unanimous approval•f all first mortgagees, then all of the owners shall be bound by . • • the termt and other provisions of such plan. Any assessment made in connection with such plan shall be a common expense and made pro rata according to each owner's per- centage interest in the general common elements and shall be due and payable as provided by the terms of such plan, but not sooner than thirty days after written notice thereof. .The Association shall have full authority, right and power. as attorney -in -fact, to cause - the repair or restoration of improvements using all of the insurance proceeds for such - . purpose notwithstanding 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 paragraph 25. In addition thereto, the Association, as attorney -in -fact, shall have the absolute right and power to sell the con- • do<ninium unit of any owner refusing or failing to pay such assessment 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 !hall be sold by the Association. The delinquent owner shall be required to pay to the Association the costs and expenses for filing the: ... :T.;; . - notices, interest at the rate of eight per cent per annum on the amount of the meats a r e5'; / v f .i• t. :Y• ' g u , a '=a .4 `', ..,,,,s14-... ---,•-,a4-1-„:,:y....-;a; _..t `' ", • i r. an•y,,,,, ssonable attorney's fees, •.The proceet� rived from the sate of such condo - • 1 d. a ' ' ' ' mfnium unit shall be used and disbursed by the Ass.ciation, as attorney-in-fact, for the ' r , sa purposes and in the same order as is provided in subparagraph (b) (1) through (S) ,i ;r ofthts paragraph. • (d) The owners representing an aggregate ownership interest of eighty per cent, or 1 • more, of the general common elements may agree that the general common elements are obsolete and adopt a plan for the renewal and reconstruction, which plan has the urtani- mous approval of all first mortgagees of record at the time of the adoption of such plan. If a plan for the renewal or 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 I , • common expenses; provided, however, that an owner not a party to ouch a plan for re- �, -. newal 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 e • the requesting owner shall be purchased according to the following procedures. If such f •' owner and the Association can agree on the fair market value thereof, then such sale shall be consummated within thirty days thereafter. If the parties are unable 'to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be i • the "commencement date" from which all periods of time mentioned herein shall be t measured. Within ten 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 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. 1f they are unable to agree upon such umpire, each appraiser previously appointed shall nominate two - appraisers, and from the names of the four appraisers so nominated one shall be drawn • { Sy! , by lot by any judge of any court of record in Colorado, and the name eo drawn shall be such umpire. The nominations from whom the umpire is to be drawn by lot shall be submitted within ten days of the failure of the two appraisers to agree, which, in any event, shall not be later than twenty days following the appointment of the seco: !appraiser. The decision of the appraisers as to the fair market value, or in the case of thei r dis- • .t1� agreement, then such decision of the umpire, shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Association anu the owner. The sale shall be consummated within fifteen days thereafter. and the Association, as attorney- . . ' ' in -fact, shall disburse such proceeds for the same purposes and in the same order as is • provided in subparagraph (b) (1) through (5) of this paragraph, except as modified herein. • (c) The owners representing an aggregate ownership interest of eighty -five per cent, or more, of the general common elements may agree that the condominium units are obsolete and that the same should be sold. Such plan must have the unanimous approval I of every first mortgagee. In such instance, the Association shall forthwith record a c notice setting forth such fact or facts, and upon the recording of such notice by the Asso- • l ciation's President and Secretary or Assistant Secretary, the entire premises shall be • j sold by the Association, as attorney -in -fact for all of the owners, free and clear of the -1 provisions contained in this Declaration, the Map and the By -Laws. The sales proceeds fi shall be apportioned between the owners on the basis of each owner'• percentage interest • ,1�, in the general common elements, and such apportioned proceeds shall be paid into 'r� separate accounts; each such account representing one condominium unit. Each such r account shall be in 'the name of the Association, and shall be further identified by the i ' condominium unit designation and the name of the owner. From each separate account _I ? the Association, as attorney -in -fact, shall use and disburse the total amount (of each) of • such accounts, without contribution from one account to another, for the same purposes . and in the same order as is provided in subparagraph (b) (1) through(5) of this paragraph. ' ' 29. Personal Property for Common Use. The Association, as attorney -in -fact for all s - may ac of the owners. ma acquire and hold for the use and benefit of all of the condominium .•. 4 unit owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise. The beneficial interest in any such property shalt be owned by all e of the condominium unit owners In the same proportion as their respective interests in • - the general common elements, and such interest therein shall not be transferable except , r 1 . with a conveyance of a condominium unit. A conveyance of a condominium unit shall . • Ik•- i. �- P -10- i• :h condo- 3)P q y t +41` ` '"''T ' f S ib 7 - ....1r -•. -- - • t S, -r � . ii) ' . :Pia ng, • ct, for the . 1 Y . ; ,y fA. ' ' � 6 } , "' n . rough (5) - tt transfer to r' th tie ovosrshlpnof the grantos bansfic 'Merest in; ., such property vat .ut`any,rsfersaea thatatoll the deed tru.., wnsr may a . r % if II' w> use such property in sccordanc vith"'tha pruposa`for'-.vhleh Stria' intendsd , k p� Y .., without hindering or saeroathing'.upon' the lavfultzights of the t %-.' M odf $• ✓ cent; or ' ; ' ocher owners .•, The, transfer "of `�ti[la to a eoidosSni' unitiundsr fors � . { Y __ - ements are closure shall entitle the purchaser tOttha.b ci aaefial ;interes in such he unani- personal property associated with `the•forecloied'ltbndominiva' unit ,-i ` ' iE ., S uch plan. .i .4:--y. 14:?: ' ;, '.",t4` , t' . ' nP 1 be recorded, � 30. • Registration of Mailing Address ; shall regieteT'Als mall - ter.) rncrs a s ins" ad • . h the Association;" and ootieca or deminds intended to be + - n for re- rued upon an owner • .- • sans by mail postage _ prepaid, addressed State C en (15) days in the name of the owner at such _reg ensiling` address r u ,..,:� t r{ _.. -' `r.LYi rTn. JgfdN3 ...°,.,,. fir Association I 31. • Period of Con Ownership.. 4.` T he- separate condominium estate. • (thereafter) created by this Declaration and the Nap shall continua until this Declare- um unit of tion ii revoked in the manner and as is provided in paragraph 20 of this • If such ,, Declaration or until terminated in the manner miles is provided in sub - :h sale shall paragraph (c) or (e) of paragraph 28 of this Declaration, •ee, the date • uer shall be 32. Specific Reservations... ' c arant reserve for his lebe e fit , t h e right to sell Lot "Q ", Block 61, Totnsits of,Aspen, y all be ) period of seven years commencing from the data hereof and remove Lot "Q" ll nominate ! from the map of record by amendment to such map without consent of any of If either the present or future owners of Aspen West Condominium. Declarant also ive days 1 reserves the right to build on Lot "Q ", Block 61, a maximum of four units tier. If the ) at any time during a period of seven years from the date hereof. The another Declarant also reserves the right to build on Lot "P" and Lot "Q" in the event such Lot "P" is acquired by the Declarant. The Declarant will :y are unable notify all owners of record in writing seven days prior to a change in the e two status of the condominium declaration or map for Aspen West Condominium. Unit Number be drawn Th e Declarant also reserves the right to use any newly constructed units saa11 be - constructed on such lots "P" or "Q" in accordance with any use permitted all be in AR -1 City of Aspen Title 1u1. Unit No. 3 of Aspen West Condominium 1 in any may be used for a dental clinic and Unit No. 6 Aspen West Condominium may ✓ 1 appraiser. be used for any use which is permissible in Title 11 for AR -1 City of IA Aspen. The Declarant reserves the right to change the percentage interests eir die- in and to the general common elements for Aspen West Condominium when 2 :xpena es adding units to Aspen West Condominium on Lots "P" and "Q" or both, Block wner. The 61, Townsite of Aspen. The percentages of common ownership changes above, i 3 as attorney- if changed, shall be changed proportionately. 4 ied rder is led herein. 33. General Reservations. Declarant reserves the right to establish easements, reservations, exceptions and exclusions consistent with the 5 condominium ownership of the condominium project and for the best interests. •e per tent, - of the condominium unit owners and the Association in order to serve the 1 is are entire condominium project. f approval :ord a 34. General. the Asso- (a) If any of the provisions of this Declaration or any paragraph. K shall be sentence, clause, phrase or word, or the application thereof in any 6 /fr. v ar of the circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, and the application of any such proceeds provision, paragraph, sentence, caause, phrase or word in any other cir- 32 CI G/ ;e interest cumstances shall not be affected thereby. ,- 0 / ? into - (b) The provisions of this Declaration shall be in addition to and 4 :h such - supplemental -to the Condominium Ownership Mt of the State of Colorado X / / by the and to all other provisions of law. .`-"t ;_ (c) That whenever used herein, unless the context shall otherwise account >f each) of provide, the singular number shall include the plural, the plural the singular, and the use of ant gender shall include all genders. purposes j - paragraph, IN WITNESS WHEREOF, Declarant has duly d this Declaration this 7n' day of July, 1972. / / /` (j � j 1 / a for all / % -// / 'O { //' /'' itnaum ..,..., / �/ /2'/ I .'K/ i f the same i . / / _ Rob rt G. $Sevens iCd by all v ' STATE OF COLORADO - cle except 1 A ;.‘" . ... ''''''' ow* OF PITIKIN ) shall v. )(Al? i• , • 11te isrygoing instrument was acknowledged before me this i7 day of 1 _ JU1y 3 1 1 )72, by Robert C. Stevees.15 ...t . 1 e ar , ? •rr Wfb4etamy hand and official sea1744 am -Mv�E9, F Tea ' Or co' a .*'' / ua'r ° / e: r Public s + '� • '• ' Y -- 1.. Y 3 w - 4 1t ^, t " . � Snarl' .. r .k.r i : _ »3 .. v r 1n.enuCu Y;115 N � r 44 x �i . t `4 R R T y {� fore ch - '4a 4• x�, 1a, i ja � t'f�+ ✓ S at 4 • x .. hK �L �i'* 71 ti- 23 . �, t - YK' n r a ' t' r Rr Nk E%HIBI $A� ��rt� �" ✓ jy ... r 1 gr. . y , ?Ijr t . .'^ - s. ii� F S ` TC'�'� ' ,r�i c .7„ •_,y' 11 hi s soi ( j a i, Iz .tom -t q ua. sN'' � t •4 <*.44-44, r• u•.r 'cL'av * ' -, - d to be Lots Q A i S,' Bl ck 61 City oftf a •en Coca[ i kin, . ' gu �< vJ ' reseed L . ; State of Colorado'' � ;.,.; i P t a y r�r r : . - xr 2x5. n��'� 1 � &,rf � a '� �'dl �3 °r� .. ,(Y4 ar.. ' r I estates s R ''Z'';',' -{ v W c s r '2,-i t etrf f h 3 y V s estates Declare- f l,' ♦ fJ n • tit', � t rs. { of this a .. r r " r r .aY u x - N` .... ' t (b . .. ✓; v - in sub- q N Y e` r:. � ` ', .w F .."'A' {.; r . j' °3 ? 3 } r ! 'efit, the _� - r:: during a 4 i ,,.r a � t ` ;r ,f 2 F .r . A; !' • of 'nt also t�3>< y 6 i , of any our unite The PYUIHIT "i ; 4...L., af3 � v r Is. ;.. r • �. }�; q r ., ?" in the will ' Trs w• +..< ..ytT.�S 4. .'.. Inge in the _ rp 14. K-Y Y -.: .4... \;.11. >.'t lominium. Unit Number Appurtenant Undivided Interest '.1,, ` ,na • :ed units - (Percentage) •:Y• r i .ermitted tinium 1 20 - .� . . ,inium may - - 14 .cy of IA - • '... ;e interests :- I when 2 - - 20 ,th, Block tgee above, 3 _ 20 20 i ■lish 4 • .th the 5 t interests - " serve the Total +y' 100 •�� - I ; agraph, I - any .. ,.' e validity ° • such 5, 4 her cir- to and _ w '„ - r lorado , S .tier`: . • e . 1- F ttLA X L the ° e r. c ' x° y this -+:; f-yt+• .- -. " .r ,Y ,� ( " u -C• e{• .y c.- 17. C r+ .' a "- 'x' y r 1 s v � Zr 6 . x'SPp. � ~ Y i s ,tst 2' 4 ..f}yfrz` r M1 :v A i• �:, I • e''''''',11- 4 +to-.. j r ✓ . .. �� ; G,6E p s? ' `. . r -� ty of r u sr' .X rT ✓ W+� � g .. Ja �cpit - ,-4):,' • e i, Ynn� . t . -. i *D x r . . s&r v e " ` v :. s* ^,, /,..p-,..,#4, h.&ir { ../k 'ra•tkt Yy P ' �� y rr . J �{ 7'- 4 - ! th 'ill S •+"- 1_ J ttr '^ - aux-.• ��,5.- t � t � a ,vx F4 r� J " t " a ' • r tA ^' " S -a, . t.■441 .- t y r- r 3 _ - 44 ' .' '5,4+ 4 n : Sr t . f; '14 ' - . - - - t 1 • 159145 °. Apt i1 24. 1973. . pe E. Hi klich. REtorder 2'1 72 F t! ' R ecorded a 2 :00 otClock egg Uoun ` :1!', [ 4. r ., , ... Reception No re . ' v 40 - , - AMENDMENT TO COORTSINIl7H DECLAHATIOI7 t 4..,. A SPEN WEST C I [TM - r / pR E5ENT5' That the undersigned, t r all of ` KNOW ALL MEN BY THESE As t en West C ondomini o ov an a or t he unit owners of es or deeds of trus o f the being all of t ort ag to Artic 20 at I� o recorded m units Pursuan8tt 1972 in'IIook 265 ' - j . �' the holder said condominium the County Y affecting Declaration o orded July 1 I Recoxder of he records of the Clezk andamend the Condominium 11. Condominium do hereby page 129 of ate amending a nd modifying I . of Pin, State of Colorado, Condo do, to read as follows: I 4 tki , en West Declaration D e clarati II'„' s Condominium Exhibit EXHIBIT "n" i ., • I \apurt u Unit Number (Pere Interest � ' • • 1 1 17 lA .. 18 t ' 2 18 3 18 11 S 1 � 4 5 ion Total . t the undersigned have duly executed ..1 II WITT7E55 WNEBF.OF. Declaration a o f. the 2 daY of .; c to Condom _ this Amendmen . 1 I . !tar ch, 1973. - I . ,ry Ll a �l. Dimuniit _ Owner of t 1 . . \ - e en mat lmlt . • owner -of unit lA . • ..I o' . � L ` ! .A an ",a _., •,i ,- ante a sm t' '. ,, 2'9- ) +a S 'k bwner of ni ';4;r ' i ttc 1111. ( 1, 4J" +a iNC.' :-./..4.:0---4 ! 'x`"" " ?.1 } - '� n � x $X v ict p l .r ., t .!' 3 4 U ,` c , .� } � � "a"ri {{" x �►aS'rY��a }� t �Ja� �V ;sx,� x .�.. S r t 1 inV l � ." -. 1 A SC•' f n t T '. / 4yyix� ti t WY �VC a �3rt t ... sn."'.. Sara Adams From: Sara Adams Sent: Tuesday, May 24, 2011 1:13 PM To: aspenlaw @sopris. net Subject: 104 e. cooper condo plat comments Attachments: Aspen West.pdf Hi Rick, Attached are Engineering's comments on the draft condo plat. My comments include the following: add the mortgagee consent block and eliminate the note that reads: "according to Aspen Community Development this property is subject to a five foot setback line and eligible for corner lot setback reduction." Please let me know if you have any questions. - Sara Sara Adams. Senior Planner. City of Aspen.130 South Galena Street, Aspen, CO 81611 tele 9701429.2778 fax. 970920.5439 www.aspenpitkin.com 1 tutu i 5 ti 5 !?it iI t la 4IMI C � I €1" ,q I Fi o $ a��gt./�n �\ be _ I. N. N. k 414YZr1 j-: p 1 1 i d,,,?tl , t?i/ ,° .,,,/ ® n, { gmr t al n i S' e Y M I . i // b 0. y o m„ C� 9 _. i O 7 ; "e am ti N Xf o i 1s m I+ a 1 o b a 0 ION O z € r 1 t 1� i it 1 tti t irr t€€r t --� € � qy i i{( 'l ( � i i i t t k t j l� 3 �t a t� { k3 � l'Al 91 i a I t' �' t' et f �j t �i�.� € ff�E��� pin m n �'� . y i ? I dIJ J �; t i " t i I '�i t � t t l� E4l} j/ ttit i l�lr 1 ri � 1 � t Il I il i" S 01 s rt 4 i , e i, II1 `� 1 (� F . t t Pt �jj q � t 1 R :8 it p e 1� t i �tli .i At g t • € ill 1 l i 1 t 11 q Ilte lj Ar Er�i �' ti 5 r * i ii @ r A ' L' p 7tl to t t t 1 td 1 $ ' I D t o € , ; a }it t ttf� „ .�t f ki .. �t� ° ,.1 � t z tr I 1 � a y # t irtlP�ttt } trr do PP i [ i i i i ig r rm i t, d i i ni i l . € ;i i i t i t I�� r ; i ' I 1 itit 1 i i fl s f I o y r tt it ( ,�1 i 3t t ��lr,# t i 4 t Y v� It €llui 1pi €t r i p p { t R rii a. M 1ltetl} ef(I i g t in t' r t \-- i ia' t 'It r t 3 tiff i;tt�re 1 NEILEY & ALDER ATTORNEYS Please Reply To: RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6Soo Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 816o1 (97 925-9393 (970) 9 Fax (970) 925-9396 Fax (97 928 - 9399 April 29, 2011 Ms. Jennifer Phelan, Deputy Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: First Amended Condominium Map of Aspen West Condominiums Dear Jennifer: This office represents Aspen West Condominium Association, Inc. The purpose of this letter is to provide disclosure of ownership and encumbrances as required by your March 25, 2011 Pre - Application Conference Summary. I am an attorney licensed to practice law in the State of Colorado. In preparing this letter, I have reviewed the records maintained by the Pitkin County Clerk & Recorder and Assessor's Office. I have also reviewed the Condominium Plat, Condominium Declaration and Bylaws of Aspen West Condominium. The ownership and encumbrance information regarding this property is as follows: Unit Owner Lienholder Common Aspen West Condominium Association, Inc. Vectra Bank, NA Elements /Areas (August 30, 2005; No. 514159; August 31, 2007, No. 541582; July 1, 2009, No.560422) Unit 1 Elaine Dine, Trustee of the U/D /T dated Diamond Bank, FSB May 12, 2006 F/B/O the Elaine (July 13, 2010, Dine Living Trust No. 571959) Unit 1 -A John Hughes Norton, III Wells Fargo Bank, NA (December 30, 2009, No. 565723) Letter to Ms. Phelan April 29, 2011 Page 2 Unit 2 Frank R. Cohen UMB Bank Colorado, NA (October 9, 2009, No. 563513) Unit 3 Joanne Kay Stern and Terry L. Hale Vectra Bank, NA (March 7, 2006, No. 521566); Quicken Loans, Inc. (February 14, 2006, No. 520847); Frank R. Cohen (July 16, 2009; No. 566895) Unit 4 John J. McHugh and Ricki Little McHugh US Bank, NA (July 24, 2009; No. 561262); Community Banks of Colorado (January 4, 2011; No. 576488) Unit 5 William Burrell and Christine M. Burrell, None Trustees of the successors in trust under the Williams - Burrell Living Trust dated January 23, 2001 I have reviewed the Deeds, Deeds of Trust and other documents of record affecting the properties referenced above. There are no restrictions or conditions contained in any of these documents, nor are there any easements, judgments, liens, contracts or agreements, that would preclude the Association from proceeding with the Amendment to the Condominium Map. The consent of lienholders is not required for the recording of the Amended Condominium Map. The approval of the Board of Directors of the Condominium Association has been obtained and the approval of the requisite percentage of owners will bg obtained prior to recordation of the Amended Condominium Map. The Association's Certification of such approval will be recorded along with the Amended Condominium Map. Based upon my review of the records related to this property, the Colorado Condominium Ownership Act, C.R.S. § 38 -33 -101 et seq., and the Colorado Common Interest Ownership Act, C.R.S. § 38- 33.3 -120, it is my conclusion that Aspen West Condominium Association, Inc. is authorized to proceed with this application and will have the authority to execute and record the Amended Condominium Map once approved by the City of Aspen. I hereby certify that to the best of my knowledge and belief, the foregoing disclosures are accurate and complete and reflect the documents and information contained in the referenced records. APPLICATION FOR FIRST AMENDMENT TO CONDOMINIUM MAP ASPEN WEST CONDOMINUM 104 WEST COOPER AVENUE ASPEN, COLORADO The Aspen West Condominium Association, Inc. (hereinafter the "Association "), a Colorado not for profit corporation, as the representative of the owners of the six (6) units in the Aspen West Condominium, seeks approval from the City of Aspen for the First Amended Condominium Map of Aspen West Condominium. The Amendment to the Condominium Map is necessary as a consequence of the remodel and expansion of the condominium building undertaken in 2009 and 2010 that has resulted in the change of the footprint of the building and the physical dimensions of the units. Under the Condominium Declaration for Aspen West Condominium and the Association By -Laws, the Board of Managers of the Association is granted the authority to administer the affairs of the Association and manage the operation and maintenance of the condominium project as a first class residential property. The Board of Managers is expressly authorized to "make repairs, additions, alterations and improvements to the general common elements consistent with managing the condominium project in a first class manner ...." (By- Laws, Article IV, paragraphs 2 and 3(k) and (p)). In furtherance of this authority, the Association, through the Board of Managers, obtained necessary building permits from the City of Aspen for the expansion of the common elements of the building. The Association now requests approval of the First Amended Condominium Map to reflect modification of the building footprint and common elements as constructed. Aspen West Condominium was originally established by the recordation of the Aspen West Condominium Map on July 27, 1972 in Plat Book 4 at Pages 261 -262 of the records of the Pitkin County Clerk and Recorder. There have been no amendments to the Map since the initial recordation. As required by the City of Aspen Land Use Regulations, Section 26.304.030, the Association, as Applicant, submits herewith as Appendix 2 a letter authorizing processing of this Application. The street address, legal description and parcel identification number of the project are set forth on the cover page of this Application. Submitted herewith as Appendix 3 is the Disclosure of Ownership and Encumbrances certified by the attorneys for the Association and the Pitkin County Assessor's Parcel Detail Information for the subject property. A Vicinity Map is submitted as Appendix 4. A Site Plan and Survey certified by a registered surveyor in the form of the First Amendment to the Condominium Map of Aspen West Condominium is submitted as Appendix 5. As required by the City of Aspen Land Use Regulations, Section 26.480.090, the Applicant Association hereby submits the general information required by Section 26.304.030. This Application is necessitated by modifications to the condominium project which were permitted by the City of Aspen and are now substantially complete. The draft First Amended Page 1 of 2 Map accurately reflects the current footprint of the building and the configuration of the units. No new units are added to the project, and the individual unit owners' percentage interests in the Common Elements remain unchanged. The draft First Amended Map complies with the requirements of Section 26.480.090.B.1.b. The Applicant respectfully requests that the Community Development Director approve for recordation the First Amended Condominium Map of Aspen West Condominium. 2 Letter to Ms. Phelan April 29, 2011 Page 3 If you need any additional information regarding this matter, please do not hesitate to contact me. Thank you for your assistance. Very truly yours, NEILEY & ALDER Richard Y. Neiley, Jr. RYN /agk cc: Aspen West Condominium Association, Inc. NEILEY & ALDER ATTORNEYS CITY 0 Please Reply To: COMMUNITY RICHARD Y. NEILEY, JR. 201 North Mill Street, Suite 102 EUGENE M. ALDER 6800 Highway 82, Suite 1, Upper Level Aspen, Colorado 81611 JOHN F. NEILEY Glenwood Springs, Colorado 816o1 (97 925-9393 (97 9 Fax (97o) 925-9396 Fax (97 9 - 9399 April 29, 2011 HAND DELIVERY Ms. Jennifer Phelan, Deputy Director Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: First Amended Condominium Map of Aspen West Condominiums Dear Jennifer: Submitted herewith you will find two copies of the Application for First Amendment to Condominium Map of Aspen West Condominium, along with the application fee of $735.00 and a signed Fee Agreement. Please let me know if you need any additional information or documentation. Thank you for your assistance with this matter. V truly yours, E Y &ALDER ' 'chard Y. Neiley, Jr. RYN /agk cc: Aspen West Condominium Association, Inc. APPLICATION FOR FIRST AMENDMENT TO CONDOMINIUM MAP ASPEN WEST CONDOMINUM 104 WEST COOPER AVENUE ASPEN, COLORADO Property Description: Common Elements /Common Areas /Condominium Map Lots Q, R and S, Block 61, ASPEN WEST CONDOMINIUM, City of Aspen, County of Pitkin, State of Colorado, with a street address of 104 West Cooper Avenue, Aspen, Colorado 81611 PID No. 273512469803 Owner Representatives: Aspen West Condominium Association, Inc. c/o Carl B. Linnecke, CPA, PC 215 South Monarch Street, Suite 101 Aspen, Colorado 81611 Richard Y. Neiley, Jr. Neiley & Alder, Attorneys 201 North Mill Street, Suite 102 Aspen, Colorado 81611 ATTACHMENTS TO ASPEN WEST CONDOMINIUM ASSOCIATION, INC.'S APPLICATION FOR APPROVAL OF FIRST AMENDED CONDOMINIUM MAP 1. Pre - Application Conference Summary 2. Authorization to Represent 3. Disclosure of Ownership and Encumbrances 4. Vicinity Map 5. Draft First Amended Condominium Map ATTACHMENT 1 Pre - Application Conference Summary CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429 -2759 DATE: 03/25/11 PROJECT: 104 W. Cooper REPRESENTATIVE: Rick Neiley TYPE OF APPLICATION: Amendment to Condominium Map, Condominiumization DESCRIPTION: The HOA would like to amend the existing condominium plat to update and reflect the recently completed addition to the building at 104 West Cooper Avenue. The plat should contain appropriate ownership certificate block(s) based upon the existing declarations and covenants. This type of review is administrative and no public hearing is required. Below is a link to the land use application form for your convenience. http: / /www.aspenpitkin.com /Portals /0 /docs/ City /Comdev/ Apps %20and %20Fees /landuseappform. pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Staff for complete application - Community Development Director for Condominiumization 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: Subdivision and associated reviews: 2 Copies To apply, submit the following information: Cl Total Deposit for review of application. fl 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. I 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. 0 Proof of ownership. Completed Land Use Application. I= Signed fee agreement. 0 Pre - application Conference Summary. 0 An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 0 Proposed condominium plat - two paper copies. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 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. ATTACHMENT 2 Authorization to Represent ASPEN WEST CONDOMINIUM ASSOCIATION,INC. c/o Carl B. Linnecke, CPA 215 South Monarch, First Floor Aspen, CO 81611 April 8, 2011 VIA HAND DELIVERY Jennifer Phelan, Deputy Planning Director City of Aspen 130 South Galena Street Aspen, CO 81611 Dear Ms. Phelan: Please accept this letter as authorization for Richard Y. Neiley, Jr. and Neiley & Alder Attorneys to process a land use application for amendment to the condominium map of Aspen West Condominium. Thank you. ASPEN WEST CONDOMINIUM ASSOCIATION, INC. By: _fit Sg.._47/ Ricki McHugh, Presieent ATTACHMENT 3 Disclosure of Ownership and Encumbrances r. E ‘ ti Fie ,' -R 2 9 2011 ATTACHMENT 2 —LAND USE APPLICATION CITY Or ASPEN PROJECT: COMMUNITY DEVELOPMENT Name: C. S _� . s -9-t C-C is 1m 1141,w.‘ a - _ ' [� Location: I, D W �' , C--0D �, • It , ' ' Cx) gib') (Indicate street address, lot & block number, le • al . escription whey appropriate) Parcel ID # (REQUIRED) 22- 361 2 LtL c D3 1.4ickeiv APPLICANT: Name: it : • KU.ft 1 III 1 \Am ` .- . s. .t>. 4. Address: % C.64 1 ) L--t h W Q - Q C4' t\ 5 - 'C(.;rtvl,c k. 4 a D 1 ‘, ! i n Phone #: c if 0 — szs ' q' 3 1. ' , QA • REPRESENTATIVE: Name: v.stcsitAisiv\ Address: 'Z. n. * s r , A k i a L t ii4. A1 W 0 HA ) Phone #: 15 rC27 ' C j 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 in, 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, use , previous approvals, etc.) • \ t ° I ek.' t ___ i PROPOSAL: (description of proposed buildings, uses, modi cations, etc.) Have you attached the following? FEES DUE: $ ----- `" j Pre - Application Conference Summary -4 Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form ' 4 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 1 et 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 1ectronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -1) model. 1 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Developm ent Application Fees CITY OF ASPEN (hereinafter CITY) and Pt `JA-ev. \AIM+ 1. lo/ - 6 &DAI 11IVW 4 (hereinafter APPLICANT) AGREE AS FOLLOWS 1. AP_PLIC has submitted,to CITY an applic pn for V� tA d�j �o CoystoPA Ill I Im\ k,04, - (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 interest of the parties that APPLICANT make payment of an initial deposit and to thereafter 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 that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and /or City Council to make legally required findings for project consideration, unless current billings are paid in full 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 determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ �� which is for 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 $245.00 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 ASPEN APPL NT By: By: Chris Be kf/24/ Commmunity ity Development Director Date: Bil ' Address and elephone Number: 011'19n11 itafts■ !059 - 6Q S/6/1 r , THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 5, 2011 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 0026.2011.ASLU — 104 E. Cooper. The planner assigned to this case is Sara Adams. ❑ Your Land Use Application is incomplete: 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: 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. Th. r You, .h �♦ 1 ennifer Phe , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No 'X Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Parcel Detail - . Page 1 of 2 Pitkin County Assessor Parcel Detail Information Assessor Property Search 1 Assessor Subset Query Assessor Sales Search Clerk & Recorder Reception Search 1 Treasurer Tax Search Search Basic Building Characteristics 1 Value Summary Parcel Detail 1 Value Detail Sales Detail 1 Residential /Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number 2010 Mill Levy 001 R020714 273512469803 26.708 Owner Name and Address ASPEN WEST CONDO ASSOC COMMON AREA 104 W COOPER AVE ASPEN, CO 81611 Legal Description Subdivision: ASPEN WEST DESC: COMMON AREA Location Physical Address: 104 W COOPER AVE ASPEN Subdivision: ASPEN WEST Land Acres: Land Sq Ft: 0 2010 Property Value Summary Actual Value Assessed Value Land: 0 0 Improvements: 0 0 Total: 0 0 1 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R020714 4/27/2011 Parcel Detail Page 2 of 2 Sale Date: Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2010 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http:// www. pitkinassessor .org /assessor/Parcel .asp ?AccountNumber= R020714 4/27/2011 ATTACHMENT 4 Vicinity Map ATTACHMENT 5 Draft First Amended Condominium Map