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HomeMy WebLinkAboutcoa.lu.pu.Clarendon 625 West End St.A10-90 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2 14 90 PARCEL ID AND CASE NO. DATE COMPLETE: _ I 51,0 273'7—/W)—3a-00/10 015",A10-90 Iii' STAFF MEMBER: )-� .5w PROJECT NAME: Clarendon'1PUD Amendment Project Address:415 West End Street Aspen Legal Address: Lot 1, Clarendon Subdivision APPLICANT: Clarendon Condominium Association Applicant Address: REPRESENTATIVE: Joe Edwards Representative Address/Phone: 201 North Mill Street Ste 109 925-7116 PAID: YES NO AMOUNT: $1650.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: \/ P&Z Meeting Date I PUBLIC HEARING: ',-YE NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: / City Attorney Mtn. Bell School District ,oz City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: /02 8 1 9 o INITIALS: /%4V FINAL ROUTING: DATE ROUTED: INITIAL: O%tIC-' City Atty City Engineer Zoning Env. Health Housing Other: tI FILE STATUS AND LOCATION: ✓ 114,-)\ () - . •11 SUMMARY CLOSE-OUT FOR CLARENDON PUD AMENDMENT May 14, 1990- the City Council denied the amendment request. The Council agreed with the Planning and Zoning Commission that amendments to the PUD should not be done on an incremental basis and the full build out potential should be assessed before any changes to the PUD occur. ‘\\3-LZ 6?-:42 ,_c2L MEMORANDUM TO: Mayor and Council THRU: Carol O'Dowd, City Manager ) i 'V THRU: Amy Margerum, Planning Director " FROM: Leslie Lamont, Planner RE: Clarendon PUD Amendment DATE: May 14, 1990 SUMMARY: The applicants seek to amend the PUD to add a bedroom to Units 1 and 11 making them three-bedroom units. This is not an insubstantial amendment to the PUD thus requiring a two step review process from the Commission and the Council. The Planning and Zoning Commission recommend denial of this application. If Council wishes to override the Commission's recommendation staff will prepare an Ordinance for first reading. BACKGROUND: The Planning and Zoning Commission at their April 17 meeting reviewed the application and recommended denial. Please see the attached Resolution that reiterates the Commission' s concerns. PROBLEM DISCUSSION: The owners of Units 1 and 11 wish to expand their units by adding a third bedroom. Each bedroom is approximately 250 square feet for a total expansion of 500 square feet. Two additional parking spaces were not offered with this application for two additional bedrooms. There are currently 27 on-site parking spaces that were approved with the original PUD. Several years ago three units requested additional bedrooms. One of the conditions of approval was the provision of two more parking spaces. This condition has not been met. The Homeowners Association, as a prerequisite to allow Unit 1 to expand to a three bedroom, has requested that the owner construct a false front over the entrance of Units 2 and 3 connecting with the roofline on Unit 4 . According to the applicant the proposal will not increase the density, footprint or overall height of the building. Please see the attached April 17 memo to the Commission for a full review of the PUD amendment. PLANNING COMMISSION VOTE: Motion to deny 6 FOR 0 AGAINST KEY ISSUES: 1) The commission tried several motions to move the project on to Council. Finally a motion to deny the project with a Resolution to the Council was approved. Rather than discuss the key issues in this memo, I have incorporated them into the Resolution. 2) A 1986 approval for the addition of bedrooms to several units in the Clarendon was conditioned upon the provision of two new parking spaces. A site visit confirmed the fact that the parking was never added. This omission will be followed up on through the Zoning Department and through any other land use application for the Clarendon. RECOMMENDATION: The Planning and Zoning Commission recommends denial of this application. PROPOSED MOTION: I move to deny the application for an amendment to the Clarendon PUD as recommended by the Planning and Zoning Commission. CITY MANAGER COMMENTS: s �� 5-74-1-f ATTACHMENTS: A. Commission Resolution B. Planning and Zoning Commission memo April 17, 1990 2 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Clarendon PUD Amendment DATE: April 17, 1990 SUMMARY: The Clarendon Condominium Association together with two owners of Units 1 and 11 seek to amend the PUD to convert their Units from two-bedrooms to three-bedroom units. This application is a two step PUD amendment requiring review by the Commission and Council. A public hearing is required at Commission review. Staff recommends approval with conditions. APPLICANT: Jerome Epstein and Jeffrey Wilson, represented by Joseph Edwards, III LOCATION: West End Street, Lot 1, Clarendon Subdivision, Aspen ZONING: R-6 PUD APPLICANT'S REQUEST: Amendment to the PUD for the addition of a third bedroom for Units 1 and 11. REFERRAL COMMENTS: Engineering - After reviewing the above application, the Engineering Department has the following comments: 1. Parking Spaces - Since two new bedrooms are being added, we would like to see on-site parking for two more cars. 2 . Easement - We would like to have a 4 ' x 4 ' utility pedestal easement. 3 . Plat - The plat should be revised to reflect the changes. STAFF COMMENTS: A. Project Description: The owners of Units 1 and 11 wish to expand their units from two-bedrooms to three-bedrooms. Unit 1 is on the northern-most end of the condominium and is abutted by Unit 2 which is a two-bedroom unit. Unit 11 is abutted on both sides by three-bedroom units. In order to protect the architectural integrity of the roofline on the northeast side of the condominiums, the Condominium Association has required as a condition to allowing the owner of Unit 1 to expand that a new roof and false front over the entrance side of Unit 2 and 3 connecting with the roofline on Unit 4 . Please see attached architectural drawings A. According to the application, the proposed expansions will not result in any increase in density, increase in the footprint or increase in the overall height of the building. B. Amendment to the PUD 1. Pursuant to Section 7-903 the general requirements of review for a PUD are as follows: a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. RESPONSE: The 1973 plan identifies this area as single family. However, Ute Avenue has become a mixture of multi-family, for example the Clarendon and the Gant and single family, for example 1010 Ute and Aspen Chance. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. RESPONSE: Additional bedrooms are not inconsistent given the level of density that has developed in the surrounding area. c. The proposed development shall not adversely affect the future development of the surrounding area. RESPONSE: The proposed development will not adversely affect the future development of the area but will set a precedent for other two-bedroom units that may in the future wish to convert to more bedrooms. Currently there are five units that are two-bedroom units. Units 1 and 11 are requesting an increase to three bedrooms which totals 490 square feet. If owners of the other three units increase to three bedrooms the total additional square footage would be 1225 square feet, five more rooms with the potential of 10 more people using the Clarendon. However, the height of the Clarendon will not increase. If all two bedroom units were increased to three bedrooms it would represent a 5. 3% increase in square footage. Currently, there are approximately 29 parking spaces on site. Twenty-seven spaces were originally provided with the development of 15 units, two more were added as a condition for adding a third bedroom for units 6,7 and 8 . The application does not offer to provide more parking with the increase in bedrooms. One space per bedroom is required in the R-6 zone. It is necessary however, for the applicant to demonstrate that additional parking spaces can be accommodated on site for the additional bedrooms. 2 d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. RESPONSE: The addition of two bedrooms require a GMQS exemption by the Planning Director for a remodel without the addition of a dwelling unit. Please see attached GMQS Exemption B. 2. The rest of the review criteria are not applicable for this review. However, pursuant to Section 7-908 an amendment to a PUD, other than an insubstantial amendment shall be reviewed using the procedures of the Final Development Plan. It shall be determined that the amendments are consistent with the approved final plan. RESPONSE: The Final Development Plan (PUD Agreement) did not limit the amount of floor area on the parcel. If one were to use the underlying zoning, R-6, the Clarendon was developed at the then allowed density of one duplex unit per 4 , 500 square feet of lot area (15 units) . The allowed floor area of a duplex is 3 , 150. The existing three-bedroom units are 1, 610 and the two- bedroom units are 1, 360. The total floor area is 94% of the floor area which would have been allowed had it been developed as 15 duplex units. With the addition of the two new bedrooms (490 square feet) the floor area is 96% of what would have been allowed and if all units have three-bedrooms the floor area is 99%. There have been two requests to amend the PUD for the addition of third bedrooms. In 1980 the P&Z approved an amendment for one unit to increase the number of bedrooms (2 to 3) based on the consideration that there is no increase in the building footprint and the architectural integrity is maintained. Concern was expressed about setting a precedent for other two-bedroom units. Council also approved the amendment. In 1982, owners requested to increase their number of bedrooms. It was denied (4-3) by the P&Z for reasons of setting precedent, a PUD should not keep changing once approved, the low density of the project should be maintained, and the FAR is increased. The Council approved the amendment with the condition that two parking spaces are added for the addition of three new bedrooms. This current request will not increase the height of the building and if approved only three remaining units will be two-bedroom. Although the application represents that the building footprint will not increase, staff does not concur. According to the plans, the addition onto Unit 1 will expand the end wall out to line up with an architectural feature that extends out from the center of the building approximately three feet. 3, The Homeowners Association has required the owner of Unit 1 to construct a new roof and false front over the entrance side of Units 2 and 3 (which are two-bedroom units) . It is unclear whether this false front will add floor area to the project, and how it will fit into the project without actually adding a third bedroom onto Units 2 and 3 which is not part of this application. C. Summary of Staff Comments: 1. The request of two new bedrooms was not coupled with two new parking spaces. In reviewing the site, there is a bountiful amount of open space that compliments Glory Hole Park that staff does not advocate reducing. Most of the units serve as second homes and according to the previous Council minutes, the manager said the parking lot is filled to capacity only during Christmas and maybe one or two weeks in March. The applicant should demonstrate that additional parking can be provided for this request and future requests. 2 . The false front, as required by the Home Owners Association, for Units 2 and 3 has not been clearly called out in the drawings. This may be calculated as additional floor area. The elevation does not give enough detail. 3 . The foot print of Unit 1 appears to be expanding with the addition of the third bedroom. RECOMMENDATION: Staff recommends approval of the PUD amendment for a third bedroom for Units 1 and 11 with the following conditions: 1. Prior to the issuance of a building permit an amendment to the plat must be reviewed and approved by the Engineering Department. 2 . Two new parking spaces should be added and shown on the amended plat for the additional two new bedrooms. 3 . Prior to Final approval, the applicant shall demonstrate that the footprint is not being increased on Unit 1 and the "false front" on Units 2 and 3 shall be further defined. clarendon.pz 4 ATTACHMENT A 17—ill I LI" -r-j--iiiiiia 1, F) -1-=:-.. - - I' [ in -- ..i, I-1117 1 r •' —I'i m . E Illi Fr'' r, 1 1 " c L q , , , › 5 !!!!! ' I !• _.1 'Ili II •. ' I , !. IlTiii ' I r - — ..... :.1':'■ ! 1 1 I - • , F il ! • . . . -- - FH • .-< I li . . g° .... E. 6 --1 urtrcr / . 8 •___ )11.67- 7 w HT: ll l 1 . dll'll: Ilil p E I g ?t I ! ,I$1 1 > II 1 IIIII. II . '' ':`t i" —--II 1 . T ..1. i I' li 11,;;'y ' " !!I ! j R. 11 1_ I_ T I NJ,' — r F IllY;lil I , tlitl,;!ir- 1 i i•i;.'i- -:51(111 ., 4 ITITHL III - .11'!illi • . III 1 h ii I, Ow ii • 7 Proposed Building Improvement for or ..• E Ai, = _ _ v.,•=1 @ _ _ 4.• V r The Clarendon Condominiums -- - --:-: ASPEN, COLORADO . ------ Q '----- .... --- ---" ATTACHMENT B MEMORANDUM TO: Amy Margerum, Planning Director FROM: Leslie Lamont, Planning RE: GMQS Exemption for Remodel DATE: April 12, 1990 SUMMARY: The owners of Unit 1 and 11 of the Clarendon Condominiums seek to add a third bedroom onto their two-bedroom units. Section 8-104 A. 1. allows the Planning Director to exempt the remodeling, restoration, or reconstruction of an existing building which does not create an additional unit. FINDINGS: The applicants each propose to add a 245 square foot bedroom onto their two-bedroom units. An amendment to the Final PUD development plan is required. This proposal does not create an additional unit. RECOMMENDATION: Staff recommends the Planning Director to approve the GMQS Exemption for the addition of two new bedrooms. This exemption does not preempt any Commission and Council decisions regarding the amendment to PUD. I hereby approve the above Growth Management Quota exemption pursuant to Section 8-104 A. 1 of the Aspen Land Use code. Jhcinti /1/ /)L?i / Amy Margerum, Director t. LAW OFFICES M 1 41990 JOSEPH E. EDWARDS , JR . THE JEROME PROFESSIONAL BUILDING SUITE 109, 201 NORTH MILL STREET ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, JR. TELEPHONE (303) 925-7116 JOSEPH E. EDWARDS, III FAX (303) 925-6808 May 11, 1990 Mayor William Sterling 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to Clarendon PUD Dear Bill: Our office represents Jeffrey Wilson, the owner of Clarendon Condominium Unit No. 1, and Jerome Epstein, the owner of Clarendon Condominium Unit No. 11. The application of Mr. Wilson and Mr. Epstein for amendment to the PUD plan for the Clarendon Condominiums to add a third bedroom to each of units number 1 and 11 is on your agenda for Monday, May 14, 1990 . I apologize for not getting this letter to you sooner. The Clarendon Condominiums consist of 15 units which originally approved and constructed as nine, two-bedroom units an six, three-bedroom units . As you will see when you review th -d wings in your packet, the units were designed so that a third bedroom could easily be added over the entrance-way without any increase in the overall height or the footprint of the building. Subsequent to construction of the Clarendon Condominiums, units 6, 7, 8 and 12 have requested, and on two different occasions, have been granted PUD amendments to expand their two-bedroom units to three-bedroom units . Members of the Planning and Zoning Commission proposed three separate motions to approve the proposed amendment to the PUD and each failed by a tie vote. Thereafter, Larry Yaw and I requested a denial so that we could move the review process forward to City Council . There were three issues which were of primary concern to the Planning and Zoning Commission. These were the unknown final build-out, the false front for units 2 and 3, and parking. Each of these issues, plus F.A.R. and impacts on the community, is addressed below. 1 . Final Build-out. The Planning and Zoning Commission expressed concern that this was the third separate application since the original approval of the Clarendon Condominiums for amendment to the PUD asking for a change from two to three bedrooms . The members of the Planning and Zoning Commission stated Mayor William Sterling May 11, 1990 Page 2 they would like to see some deed restriction for the eventual final build-out of the Clarendon Condominiums . Mr. Wilson and Mr. Epstein do not have authority from the Homeowners ' Association to provide a deed restriction for the Clarendon Condominiums . Amendments to PUD plans are contemplated and specifically allowed by the Land Use Code. Without an agreement among 15 separate owners (which is almost an impossibility) , there is no way to get a deed restriction on final build-out for the entire condominium project. 2 . False Front and New Roof. In December, 1989, Mr. Epstein and Mr. Wilson approached the Clarendon Condominium Homeowners ' Association concerning authorization to file their application for amendment to the PUD plan. The Board of Directors of the Homeowners ' Association required Mr. Wilson to provide a new roof and false front over units 2 and 3 in order to have a uniform roof line from units 1 through 4 . The Planning and Zoning Commission objected to the creation of new bulk for unused space. The Applicants would like an opportunity for the project architect to discuss the issue with the Homeowners ' Association. Since the Homeowners ' Association previously stated the new roof and false front is a requirement to the Association approval of construction of a new bedroom for unit number 1, the Applicants request City Council not condition approval on such roof not being constructed. 3 . Parking. With respect to parking, the Planning and Zoning Commission had two areas of concern. First, the Clarendon Condominium project is in a R-6 , mandatory PUD zone and the R-6 zone district requires one parking space per bedroom. Second, as a condition of approval to one of the prior amendments to the PUD, two new parking spaces were required. These parking spaces were never constructed. There currently exists 27 parking spaces and 40 bedrooms, a . 675: 1 ratio of parking spaces to bedrooms . Attached is a letter from the manager of the Clarendon Condominiums in which he states, "There is more than sufficient parking for the complex. " Section 7-903B.5 . of the Land Use Regulations provides for a variance of the off-street parking requirements for a PUD. That section lists five factors to be considered in determining whether such a variance should be granted. Two of those factors are irrelevant. The other three are as follows : 1) the probable number of cars used by those in the development, 2 ) the availability of public transit and pedestrian access and, 3) the proximity of the project to the commercial core. In the attached letter from the manager of the Clarendon Condominium, the manager states that the number of cars used by those in the development is exceeded by the number of spaces currently existing on the site. The Ruby Park Public Transit Center is a four block walk from the site and pedestrian access along the pedestrian and bike trail comes directly to the project. The project is located in very Mayor William Sterling May 11, 1990 Page 3 close proximity of the commercial core, the Gondola and all central services and facilities . A variance in the usual requirement of one parking space per bedroom is appropriate for this project. In City Council Declarations numbers 3 and 4, the City has expressed a policy of discouraging automobiles in the core area. The Applicants have determined it is possible to repaint the parking space stripes for the parking lot and increase the number of parking spaces from 27 to 29 and thereby be in compliance with the past approvals . If other parking spaces are required, it will be necessary to lay new asphalt and cover open space. Given the policy of discouraging automobiles and the condominium manager's opinion that there is more than sufficient parking for the complex, the Applicants request that no additional parking beyond 29 parking spaces be required. If two additional parking spaces are obtained through repainting the parking space stripes and two new bedrooms are added to units 1 and 11, the new parking space to bedroom ratio would be . 69 : 1, an improvement from the current parking which is sufficient. 4 . F.A.R. The lot area for the Clarendon Condominiums is 70,872 . 12 square feet. The property was subdivided pursuant to an agreement with the City dated January 26, 1976 . The Clarendon Condominium is a multi-family condominium project. The current Land Use Code does not provide external F.A.R. 's for developments in the multi-family configuration in the R-6 zone. However, the current Code does state that the external F.A.R. 's set forth in the Code apply to non-conforming lots of record such as Clarendon. - Assuming the subdivision was intended to accomplish a 15 unit project, under the current Code one would be allowed to develop seven duplexes (with lot areas of 9,000 square feet each) and one single-family residence (with a lot area of 7, 872 . 12 square feet) . Under the current Code, the seven duplexes on 9,000 square foot lots could each be built with a floor area of 4, 080 square feet, or 28,560 square feet for the seven duplexes . The single-family home on 7, 872 . 12 square feet, under the current code, could be constructed to 3,258 square feet. Thus, under the current external F.A.R. 's for this project, 31, 818 square feet could be developed. If all 15 of the Clarendon Condominium units were expanded to ' three_7 bedroom units, the project would have a total floor area of '24, 15 ' square feet, which is 6, 668 square feet less than allowable r the current Code. Currently, the floor area of the Clarendon ' Condominiums is 72% of that allowable under the Land Use Regulations, and if units 1 and 11 are expanded, the project will be 73 .5% of the allowable floor area. To the northeast of the Clarendon Condominiums is the Gant project (very dense) and the R/MF Zone, which allows a floor area ratio of 1: 1 . Across Ute Avenue are the Black Swan project, with a floor area ratio of . 44 : 1, the proposed Ute Trail Townhouses, with a floor area ratio of . 97: 1, and the 777 Ute Avenue Townhouses, with a floor area Mayor William Sterling May 11, 1990 Page 4 ratio of . 93: 1 . The Clarendon has a ratio of . 323: 1 and, if fully expanded to 15 three-bedroom units, would have a floor area ratio of . 34 : 1 . The Clarendon is the least dense project in the area. 5 . Impacts on Community. The expansion of units 1 and 11 from two bedrooms to three bedrooms will have no impacts on the community. There will be no increase in density (unit count) , no increase in overall height and no increase in the footprint of the project. Attached is a letter from Mr. Epstein stating his family has grown, he likes to bring his family to Aspen at Christmas and, because of the expanded family size, the condominium unit is crowded at Christmas . Mr. Epstein will continue to bring his entire family at Christmas . The third bedroom simply makes the stay less crowded and more enjoyable for his family. The addition of a third bedroom does not increase the number of people in Aspen, but simply makes it more enjoyable for those who are going to be here. As the City has recognized in Ordnance 1 and in numerous studies, second homes such as the Clarendon Condominiums have a negative impact the on affordable resident housing available in Aspen. The Applicants recognize these units are second homes and therefore have affected the availability of affordable resident housing. Thus, in order to compensate for any negative impact on affordable resident housing which may be the result of the increase in size of units 1 and 11 from two bedrooms to three bedrooms, each of the Applicants have authorized me to offer to make a payment to the affordable resident housing fund of $20,000 . 00 (a total of $40, 000 . 00 for both units) , which is the equivalent of a payment for one moderate level employee for each new bedroom or more than the payment for one middle income studio for each new bedroom under the payment-in-lieu schedule as currently adopted by the City of Aspen. The Applicants respectfully request that City Council grant approval of the amendment to the PUD plan to allow units 1 and 11 to expand from two bedrooms to three bedrooms with the following conditions : 1. The parking area be repainted to increase the total number of parking spaces from 27 parking spaces to 29 parking spaces . 2 . That a variance through the PUD process be granted allowing the parking space to bedroom ratio to be varied to . 69 : 1. 3 . As a condition of receipt of a building permit for the expansion of a unit from two bedrooms to three bedrooms, the owner of the unit to be expanded shall pay to the Aspen/Pitkin County Housing Authority $20,000. 00 . Mayor William Sterling May 11, 1990 Page 5 Please contact me if you have any questions . Very trul yours, 'oseph,E. Edwards, III J,. - s Enclosures cc: Mr. Jeffrey Wilson Mr. Jerome Epstein Ms . Leslie Lamont Mr. Larry Yaw 4spciCEa6 Rea,4 April 17 , 1990 City of Aspen Planning & Zoning Commission 130 S. Galena Aspen, Colorado 81611 Dear Commission Member: As the Manager of the Clarendon Condominium Association I ' ve been asked to evaluate the use of the parking area. We currently rent six of the Clarendon Condominiums and the other nine are used by the owners or their guests on a non-rental basis . Our rental guests are provided with free transportation around Aspen and very seldom have automobiles because of their proximity to downtown and the lifts . The non-rental owners are allowed one car per unit and one extra pass to be used by guests on a short term basis. In total, there is seldom, if ever, more than 10-12 cars at the Clarendon occupying the 29 physical spaces . There are generally a few extra cars during the day which belong to our housekeepers and • maintenance people as they are servicing the project, but in total there is more than sufficient parking for the complex. Please feel free to call me if I can help clarify further the use of the Clarendon parking area. Sincerely, Chuck Frias General Manager CF/jlp 730 East Durant,Aspen, Colorado 81611 303/920-2000 • • __ _ ________ _ _ _ PERRY • Jerome P. Epstein 25 Mt. Laurel Rd. Hainesport, NJ 08036 (609) 267-1600 March 20, 1990 Joseph E. Edwards, III The Jerome Professional Building Suite 109, 201 N. Mill Street Aspen, CO 81611 Dear Mr. Edwards: My wife Debbie and I have asked you to request amendment to the Clarendon P.U. D. so that we can convert our unit, #11, from (2) to (3) bedrooms. The Clarendon Condominium Association has o.k. 'd this request, subject to approval by the City. We need the additional space because our family has grown. My elder son and his wife have (2) children, and, we hope that my younger son will also be fruitful and multiply in due time. At Christmas, my wife and I, my son, daughter-in-law and grandchildren, and my younger son and his girlfriend were all in our unit at the same time. . .believe me, it was crowded! You should know that except for a small Suzuki vehicle that we use to go the airport or the supermarket, we do not use cars in Aspen. In the winter we walk to the gondola or occasionally take a bus to Snowmass. In the summer we go everywhere by bike or by foot. 4 • • PERRY Jerome P. Epstein 25 Mt. Laurel Rd. Hainesport, NJ 08036 (609) 267-1600 Also, we do not rent our unit and have no plans to do so in the future. It' s our understanding that other Clarendon owners have converted from (2) to (3) bedrooms over the past few years. We hope that we also will be permitted to do so and that we can enjoy having the whole family with us the same time. Sin. e , • j Je`• � pstein JPE:rod MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Clarendon Subdivision PUD Amendment DATE: February 28, 1990 Attached for your review and comments is an application from Joe Edwards on behalf of the Clarendon Condominium Association requesting and amendment to the Final PUD Development Plan. Please review this material and return your comments to me no later than March 26, 1990. Thank you. MEMORANDUM To: Leslie Lamont, Planning Office From: Elyse Elliott, Engineering Department Date: March 16, 1990 Re: Clarendon Subdivision PUD Amendment After reviewing the above application, the Engineering Department has the following comments: 1. Parking Spaces - Since two new bedrooms are being added, we would like to see on-site parking for two more cars. 2 . Easement - We would like to have a 4 ' x 4 ' utility pedestal easement. 3 . Plat - The plat should be revised to reflect the changes. 4 . Improvement district - The applicant must agree to join future improvement districts. cc: Chuck Roth ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 February 27, 1990 Joe Edwards 201 North Mill Street, Suite 109 Aspen, CO 81611 RE: Clarendon Subdivision PUD Amendment Dear Joe, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, April 17, 1990 at a meeting to begin at 4: 30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant PUBLIC NOTICE RE: CLARENDON SUBDIVISION PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 17, 1990 at a meeting to begin at 4 : 30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by The Clarendon Condominium Association, Jeffrey Wilson and Jerome Epstein represented by Joseph Edwards, Jr. requesting approval of an amendment to the Clarendon Subdivision PUD. The applicants request approval to convert two two-bedroom units to three-bedroom units. The specific units are Units 1 and 2 which are located at the northen-most end of the condominium. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on March 29, 1990. City of Aspen Account. LAW OFFICES JOSEPH E. EDWARDS , JR . THE JEROME PROFESSIONAL BUILDING SUITE 109, 201 NORTH MILL STREET ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, JR. TELEPHONE(303) 925-7116 JOSEPH E. EDWARDS, III FAX(303) 925-6808 in 2 51861 April 23, 1990 Ms. Leslie Lamont Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to Clarendon Condominium PUD Dear Leslie: Attached is a letter certifying that Amber Dusk, my filing clerk, mailed the required notice prior to the Planning and Zoning public hearing on the above-referenced project. Very tru yours, Joseph E. Edwards, III LAW OFFICES JOSEPH E . EDWARDS , JR . THE JEROME PROFESSIONAL BUILDING SUITE 109, 201 NORTH MILL STREET ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, JR. TELEPHONE (303) 925-7116 JOSEPH E. EDWARDS, III FAX(303) 925-6808 April 23, 1990 Leslie Lamont Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to Clarendon Condominium PUD Dear Leslie: By this letter, I certify to you that April 3, 1990, I mailed a copy of the attached notice to each of the persons listed on the attached list to the names and addresses shown on such list. Very truly yours, JO 1 Amber Dusk AD/kls Enclosure STATE OF COLORADO ) ss . COUNTY OF PITKIN ) Acknowledged before me this 2./L1 day of April, 1990, by Amber Dusk. My commission expires: ( / F Witness my hand and official se. . otar •ublic � 5 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President - (303) 925-1766 • (303) 925-6527 FAX Vice President INVOICE TO ORDER N0.90-356 JODY EDWARDS HAND DELIVERED DATE:MARCH 19, 1990 UNDERWRITER: LEGAL DESCRIPTION: CLARENDON CONDOMINIUMS REF: UP DATE ON ADJACENT OWNERS LIST NO. 90-329 CHARGES OWNER'S POLICY $ $ MORTGAGE POLICY $ $ ENDORSEMENTS $ $ $ FORECLOSURE CERTIFICATE $ ENTRIES # @ 5.00 EACH= $ TAX CERTIFICATE $ 10.00 EACH X = $ CLOSING FEE $ RECORDING FEES $ 0 & E'S $ CANCELLATION FEES $ OTHER CHARGES 5 HOURS @ $75 PER HOUR $ 375.00 SUB TOTAL $ 375.00 PREVIOUS BALANCE + $ LESS CREDITS - $ TOTAL DUE $ 375.00 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President • (303) 925-1766 • (303) 925-6527 FAX Vice President INVOICE TO: ORDER NO.90-356 JODY EDWARDS HAND DELIVERED DATE MARCH 19, 1990 UNDERWRITER: LEG=AL DESCRIPTION: CLARENDON CONDOMINIUMS REF: UP DATE ON ADJACENT OWNERS LIST NO. 90-329 CHARGES OWNER'S POLICY MORTGAGE POLICY • $ ENDORSEMENTS $ $ .y FORECLOSURE CERTIFICATE $ ENTRIES It @ 5.00 EACH $ TAX CERTIFICATE $ 10.00 EACH X = $ CLOSING FEE $ RECORDING FEES x E'S °S CANCELLATION FEES $ OTHER CHARGES 5 HOURS @ $75 PER HOUR $ 375.00 SUB TOTAL $ 375.00 PREVIOUS BALANCE + $ LESS CREDITS - $ TOTAL DUE $ 375.00 1 • PITKIN COUNTY TITLE, Inc. • Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ADJACENT OWNER'S STATEMENT Pitkin County Title, Inc. , a duly licensed Title Insurance Agent in the State of Colorado hereby certifies the following list is a current list of adjacent property owner's within three hundred feet of the Clarendon Condominiums, as obtained from the most current Pitkin County Assessors Tax Rolls. NAMES AND ADRESSES BRIEF LEGAL DESCRIPTION G.M. WILKINSON VARIOUS MINING CLAIMS DBA ECHO FILMS P.O. BOX 4692 ASPEN, CO 81612 PARK TRUST, LTD. PONTIAC LODE USMS #4566 P.O. BOX 940 ASPEN, CO 81612 EDWIN J. SMART VARIOUS MINING CLAIMS P.O. BOX 799 ASPEN, CO 81612 THOMAS T. CRUMPACKER RAINSTORM #2 USMS #6318 TRUSTEE 234 WEST HOPKINS AVENUE ASPEN, CO 81611 FIDELITY TRUST BUILDING, INC. CASCADE #2 USMS # 6948 P.O. BOX 4692 ASPEN, CO 81612 HARLEY BALDWIN 1/2 VARIOUS MINING CLAIMS STATESMAN MINING COMPANY 1/2 210 SOUTH GALENA #23 ASPEN, CO 81611 TERRY WOODWARD AND UNIT D-303, THE GANT CONDOS NORMAN L. WOODWARD 325 EAST THIRD STREET OWENSBORO, KY 42301 MACNEE ENERGY CORPORATION UNIT 3, ASPEN ALPS WEST CONDOS A CALIFORNIA CORPORATION SUITE 640 1850 MT. DIABLO BOULEVARD WALNUT CREEK, CA 94596 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ASPEN CHANCE, INC. LOT 4, ASPEN CHANCE SUBDIVISION A TEXAS CORPORATION C/0 NEIL MYERS SUITE 3150, 1201 LOUISIANA HOUSTON, TX 77002 SMUGGLER DURANT MINING CORPORATION PART OF J.C. JOHNSON USMS #1436 P.O. BOX 533 AND LEADVILLE USMS #5270 CROSS RIVER, NY 10518 F.A. BENEDICT AXTELL LODE USMS #10050 1280 UTE AVENUE AND PROTECTION LODE USMS #10050 RF ASPEN, CO 81611 MUSIC ASSOCIATES OF ASPEN SAME AS ABOVE 600 EAST HOPKINS ASPEN, CO 81611 CATHERINE ANNE HAGEN UNIT B-10 MIDLAND PARK SUBDIVISION UNIT B-10 111 MIDLAND PARK PLACE ASPEN, CO 81611 RONALD AGER 1/2 UNIT F-104, THE GANT CONDOS ELEANOR S. AGER 1/2 127 S. HIBISCUS DRIVE MIAMI BEACH, FL 33139 PAUL ALBRECHTSEN UNIT B-102, THE GANT CONDOS 250 OAK POINT RAOD WINNIPEG, MANITOBA, CANADA R2R1V1 GEORGE W. BARTLETT UNIT A-102, THE GANT CONDOS JEANNE L. BARTLETT 330 EAST CIRCLE DRIVE NORTH MUSKEGON, MI 49445 DAVID E. JONES UNIT C-302, THE GANT CONDOS 3D, 1010 FIFTH AVENUE NEW YORK CITY, NY 10028 DAVID M. GINZBERG UNIT F-303, THE GANT CONDOS SHIRLEY GINZBERG 101 CENTRAL PARK WEST NEW YORK CITY, NY 10023 JUDITH R. BITTEL UNIT E-404, THE GANT CONDOS 11501 S. W. 72 COURT MIAMI, FL 33156 3 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President IRVING W. BAILEY, III UNIT J-103, THE GANT CONDOS P.O. BOX 32830 LOUISVILLE, KY 40511 PETER CARMAN UNIT F-203, THE GANT CONDOS #230 45 WEST 60TH STREET NEW YORK CITY, NY 10023 ROSEMARIE E. GLAS UNIT A-304, THE GANT CONDOS P.O. BOX 15172 ASPEN, CO 81612 WILLIAM J. HOLM UNIT 0-102, THE GANT CONDOS DOROTHY B. HOLM C/O CHANDLER MACHINE COMPANY P.O. BOX 429 AYER, MA 01432 RALPH L. COTTON UNIT D-305, THE GANT CONDOS DAYL A. LARSON 8370 W: 38TH AVENUE SUITE 201 WHEAT RIDGE, CO 80033 PETER A. CARRUTHERS UNIT B-301, THE GANT CONDOS LUCY M. CARRUTHERS 2220 EAST CAMINO MIRAVAL TUCSON, AZ 85718 DUNHILL ASSOCIATES LTD. UNIT D-106, THE GANT CONDOS A COLORADO LTD. PARTNERSHIP C/O SPENCER F. SCHIFFER ST. 201, 201 NORTH MILL STREET ASPEN, CO 81611 ROBERT B. REINGOLD UNIT K-304, THE GANT CONDOS 730 LAWRENCE DRIVE NEWBURY PARK, CA 91320 BRUCE E. DAHRLING, II UNIT E-402, THE GANT CONDOS JOHN A. DAVIDSON 3280 HOWELL MILL ROAD N.W. ATLANTA, GA 30327 REICH, MELVIN L. UNIT J-201, THE GANT CONDOS C/O JENNIFER LAWLER P.O. BOX 2714-726 HUNTINGTON BEACH, CA 92647 • • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President GENERATION TWO ENTERPRISES UNIT A-303, THE GANT CONDOS C/0/ NANCY JOHNSON 3701 S.W. BEAVERTON AVENUE PORTLAND, OR 97201 ALLEN D. BUTT UNIT A-202, THE GANT CONDOS 2250 MASTLANDS DRIVE OAKLAND, CA 94611 VERNON D. RITZMAN UNIT A-301, THE GANT CONDOS SHARON K. RITZMAN DAVID WOLF KAREN WOLF C/O VERNON D. RITZMAN 14990 FOOTHILL ROAD GOLDEN, CO 80401 LOWE DEVELOPMENT CORPORATION UNITS B-101, E-101, J-105, G-105, A CALIFORNIA CORPORATION THE GANT CONDOMINIUMS SUITE 900 11777 SAN VICENTE BOULEVARD LOS ANGELES, CA 90049 STANLEY A. HOFFBERGER UNIT G-304, THE GANT CONDOS JUDITH R. HOFFBERGER 5110 SAN FELIPE, #164W HOUSTON, TX 77056 HARRIET MEHL UNIT E-301, THE GANT CONDOS 350 WEST 57 STREET NEW YORK CITY, NY 10019 HOWARD R. SCHARLIN UNIT E-303, THE GANT CONDOS #400, 1399 SW 1 AVENUE MIAMI, FL 33130 MARIE C. PRATER, TRUSTEE UNIT E-403, THE GANT CONDOS 2115 SOUTH DEER RUN SPRINGFIELD, MO 65804 SUSAN L. MARSLAND UNIT F-202, THE GANT CONDOS C/O MERRILL LYNCH REALTY 34 EAST OAK STREET CHICAGO, IL 60611 GARY P. WILDER UNIT F-302, THE GANT CONDOS RITA J. WILDER P.O. BOX 99 KEY BISCAYNE, FL 33149 5 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President DOMINGO BAITLON UNIT J-301, THE GANT CONDOS YVONNE BAITLON 612 WEST 18TH STREET PUEBLO, CO 81001 DR. RALPH L. PIPES UNIT J-304, THE GANT CONDOS 6671 SOUTH RIDGEVIEW DRIVE MORRISON, CO 80465 BEEN CORPORATION UNIT J-305, THE GANT CONDOS 4736 MANITOU ROAD TONKA BAY, MN 55331 JAMES E. ANDERSON UNIT K-101, THE GANT CONDOS 2145 FIELDCREST DRIVE OWENSBORO, KY 42301 ROGER T. FRIDHOLM UNIT K-302, THE GANT CONDOS AS TRUSTEE OF FRIDHOLM REV. TRUST 100 RIVER PLACE DETROIT, MI 48207 GEORGE DUNEA UNIT K-303, THE GANT CONDOS TRUSTEE OF MORRIS TRUST 906 FRANKLIN RIVER FOREST, IL 60305 WILLIAM H. TREMBLY, JR. UNIT J-102, THE GANT CONDOS RIVER RIDGE OFFICE PARK BLDG. B, 6400 RIVERSIDE DRIVE DUBLIN, OH 43017 ROBERT H. DOLL UNIT E-204, THE GANT CONDOS ANN W. DOLL 714 TETE L'OURS DRIVE MANDEVILLE, LA 70445 PAUL L. WAGNER UNIT E-103, THE GANT CONDOS DOROTHY H. WAGNER 3199 BLOOMFIELD SHORE DRIVE WEST BLOOMFIELD, MI 48033 THE COLORADO NATIONAL BANK UNIT B-202, THE GANT CONDOS OF DENVER, AS TRUSTEE P.O. BOX 5168 TA DENVER, CO 80217 DUKE MINKS UNIT D-104, THE GANT CONDOS C/O AUSFIN 5TH FLOOR 235 CLARENCE STREET SIDNEY, AUSTRALIA 2000 Lc PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JAMES S. DU BOSE UNIT B-204, THE GANT CONDOS P.O. BOX 2990 FORT WORTH, TX 76113 EDWARD STANLEY SANDITEN UNITS J-202, J-203 & J-205, P.O. BOX 11566 THE GANT CONDOMINIUMS ASPEN, CO 81612 ROGER MC CORMICK 66% UNIT D-304, THE GANT CONDOS MARY E. MC CORMICK 34% 1353 WOODMERE LANE OWENSBORO, KY 42301 PHILIP C. MC GOVERN UNIT C-104, THE GANT CONDOS MARY ANN MC GOVERN 3545 WOODBURN COURT BROOKFIELD, WI 53005 DONNE P. MOEN UNIT C-305, THE GANT CONDOS ELIZABETH A. MOEN 1425 VIA DEVALOS PALOS VERDE, CA STEVEN FRAUTSCHI UNIT E-104, THE GANT CONDOS MIE FRAUTSCHI 1561 CREST DRIVE ALTADENA, CA 91001 PADRAIC P. FRUCHT UNIT K-104, THE GANT CONDOS SHIRLEY A. FRUCHT # 24, 151 GONZALES ROAD SANTA FE, NM 87501 ROYLE LAUNCEY FREUND UNIT C-306, THE GANT CONDOS TRUSTEE, THE LASKY FAMILY TRUST SUITE 371 1341 OCEAN AVENUE SANTA MONICA, CA 90401 JAMES OROVITZ UNIT F-101, THE GANT CONDOS NANCY B. OROVITZ 6400 S.W. 120TH STREET MIAMI, FL 33156 CAROL R. HARRIS UNIT C-205, THE GANT CONDOS MORTON ROSENBERG RAYMOND ROSENBERG 3092 NELSON DRIVE LAKEWOOD, CO 80215 •• PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JOAN CRAWFORD UNIT K-203, THE GANT CONDOS 15310 MANOR VILLAGE LANE ROCKVILLE, MD 20853 WAYNE F. HENDERSON UNIT K-204, THE GANT CONDOS BEA B. HENDERSON 4 BUTTERNUT ROAD RANDOLPH, NJ 07869 CHARLES V. HENRY III UNIT E-302, THE GANT CONDOS BETTY D. HENRY 937 WILLOW STREET LEBANON, PA 17042 DAVID E. HOOKER UNIT C-301, THE GANT CONDOS MARY J. HOCKER P.O. BOX 1539 OWENSBORO, KY 42301 STEPHEN PHILLIPS UNIT A-201, THE GANT CONDOS BARBARA PHILLIPS 900 FIFTH AVENUE NEW YORK CITY, NY 10021 STEPHEN PINSKY UNIT C-101, THE GANT CONDOS ALENE PINSKY ESTATE OF BERTHA PINSKY 382 DELEGATE DRIVE WORTHINGTON, OH 43085 RODERICK N. JACK UNIT K-201, THE GANT CONDOS 261 UNION BOULEVARD KITCHNER, ONTARIO, CANADA N2M2S9 ANDREW KNAUS UNIT B-205, THE GANT CONDOS FLORENCE M. KNAUS 3100 TOPPING LANE HUNTING VALLEY, OH 44022 CHERYL LYNN TRAVIS UNIT C-105, THE GANT CONDOS CURTIS CLYDE TRAVIS WILLIAM A. SCHEIDT JUDITH 0. SCHEIDT 8112 BENNINGTON KNOXVILLE, TN 37919 STEPHEN M. KULVIN TRUSTEE UNIT D-306, THE GANT CONDOS 1688 MERIDIAN MIAMI BEACH, FL 33139 • • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JOHANNES VAN TILLBURG UNIT J-104, THE GANT CONDOS 1101 BROADWAY SANTA MONICA, CA 90401 WILLIAM CARL LINEBERGER UNIT F-102, THE GANT CONDOS 145 GREEN ROCK DRIVE BOULDER, CO 80302 JOEL A. BLOCK UNIT A-103, THE GANT CONDOS STUART A. BLOCK 3728 NORTH RACINE CHICAGO, IL 60603 DANIEL BECHNEL, JR. UNIT F-201, THE GANT CONDOS MARY H. BECHNEL C/O WILLIAM E. YORK 109 WEST 7TH STREET RESERVE, LA 70084 PAGEAL VENTURES, LTD. UNIT D-301, THE GANT CONDOS A CANADIAN CORPORATION C/O DR. PAUL C. LEVIN 4292 VILLAGE CENTRE COURT MISSISSAUGA, ONTARIO, CANADA L42152 GEORGE P. MITCHELL UNIT B-201, THE GANT CONDOS SUITE 260 2002 TIMBERLOCH PLACE THE WOODLANDS, TX 77380 WILKERSON, WILLIAM UNIT D-302, THE GANT CONDOS 3000 N.E. 30TH PLACE FT. LAUDERDALE, FL 33306 MARCY ELLEN TAUB UNIT J-303, THE GANT CONDOS C/O TEXAN BUILDING, 4TH FLOOR 333 WEST LOOP NORTH HOUSTON, TX 77024 CHANDLER DIEHL, III UNIT D-203, THE GANT CONDOS DENISE U. DIEHL 925 CRESTVIEW GLENDALE, CA 91202 MALCOLM BREMER UNIT C-103, THE GANT CONDOS 3263 AVALON PLACE HOUSTON, TX 77019 WILLIAM D. PRAKKEN UNIT K-103, THE GANT CONDOS JUDITH B. PRAKKEN 215 COUNTRY CLUB PARK GRAND JUNCTION, CO 81503 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ROBERT B. KARP UNIT E-401, THE GANT CONDOS 2632 RILLWOOD ROAD BIRMINGHAM, AL 35243 DAVID GOLDBERG UNIT A-203, THE GANT CONDOS 2110 CHEROKEE PARKWAY LOUISVILLE, KY 40204 LUIS KAUFER UNIT D-101, THE GANT CONDOS SYLVIA DAUFER AVENIDA DE LAS FUENTES #40-1902 TECAMACHALCO, EDO. DE MEXICO 53950 DR. ROBERT L. ORR, D.D.S. UNIT B-104, THE GANT CONDOS R.G. ALEXANDER 500 PATTERSON GRAND JUNCTION, CO 81501 WILLIAM A. PARKER, JR. UNIT F-304, THE GANT CONDOS 1880 GARRAUUX ROAD, N.W. ATLANTA, GA 30327 DIANA BLUM UNIT D-204, THE GANT CONDOS R. F. D. 469 VINEYARD HAVEN, MA 02568 DR. MELVIN REICH UNIT C-204, THE GANT CONDOS COLIN GAINES P.O. BOX 2714-726 HUNTINGTON BEACH, CA 92647 VALERIE ARDEN RICHTER UNIT K-301, THE GANT CONDOS 6214 N. 34TH STREET PARADISE VALLEY, AZ 85253 ARNOLD ROBBINS UNIT E-201, THE GANT CONDOS MARLENE ROBBINS 1103 DEERFIELD PLACE HIGHLAND PARK, IL 60035 679534 ONTARIO LIMITED UNIT B-203, THE GANT CONDOS AN ONTARIO CORPORATION 100 SCARSDALE RAOD DON MILLS, ONTARIO, CANADA M3B2R8 /d PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ALLAN HOFFMAN UNIT C-201, THE GANT CONDOS EVELINE HOFFMAN COMMUNITY TITLE COMPANY SUITE 305 12400 OLIVE BOULEVARD ST. LOUIS, MO 63141 RICHARD W. GESSNER UNIT C-206, THE GANT CONDOS SUSAN R. GESSNER 1705 11TH STREET N.E. MASSILLON, OH 44646 GEORGE SHIRFIN UNIT C-203, THE GANT CONDOS 271 CENTRAL PARK WEST NEW YORK CITY, NY 10024 HOWARD A. SCHIRMER, JR. UNIT J-204, THE GANT CONDOS LESLIE M. SCHIRMER 827 INVERNESS DRIVE LA CANADA, CA 91011 MEYBERT P. ARONS UNIT A-302, THE GANT CONDOS RUTH M. ARONS LIVING TRUST, 982 3397 BARHAM BOULEVARD LOS ANGELES, CA 99068 DARYL R. BURNS UNIT F-103, THE GANT CONDOS 5055 EAST KENTUCKY AVENUE DENVER, CO 80222 JOHN H. SCHWARZ UNIT C-102, THE GANT CONDOS CALTECH 452-48 PASADENA, CA 91125 EDWARD L. SCLAMBERG UNIT E-202, THE GANT CONDOS BONNIE JO SCLAMBERG 2430 ORRINGTON EVANSTON, IL 60201 GEORGE SEIFERT UNIT D-205, THE GANT CONDOS BERTHA E. SEIFERT 2526 KELLOGG AVENUE AMES, IA 50010 KEITH E. LIBERMAN UNIT E-102, THE GANT CONDOS PATRICIA J. LIBERMAN 901 THAYER STREET LOS ANGELES, CA 90024 II • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JAY ALLEN SIEGEL UNIT F-204, THE GANT CONDOS LOIS H. SIEGEL 2000 SOUTH BAYSHORE DRIVE VILLA 52 COCONUT GROVE, FL 33133 SHEILA SIMON UNIT B-105, THE GANT CONDOS 103, 2140 PACIFIC AVENUE SAN FRANCISCO, CA 94115 77432 ONTARIO LIMITED UNIT B-103, THE GANT CONDOS AN ONTARIO CORPORATION 100 SCARSDALE ROAD DON MILLS ONTARIO, CANADA M3B2R8 THE ALAN S. ENGLANDER UNIT D-103, THE GANT CONDOS REVOCABLE TRUST 323 RAILROAD AVENUE GREENWICH, CT 06830 ROBERT A. FRANKLIN UNIT K-102, THE GANT CONDOS APT. 16-C 251 EAST 51ST. STREET NEW YORK CITY, NY 10022 ROBERT R. DENNING UNIT K-202, THE GANT CONDOS KATE K. DENNING HENRY N. CLAMAN JANET S. CLAMAN 518 RIVER VIEW DRIVE GRAND JUNCTION, CO 81503 STEWART TITLE COMPANY UNIT C-304, THE GANT CONDOS P.O. BOX 3050 ASPEN, CO 81612 WARREN D. JONES UNIT C-106, THE GANT CONDOS KATHLEEN K. JONES 2800 ONE PAYDRAS PLAZA NEW ORLEANS, LA 70113 ROBERT W. TOBEY UNIT C-303, THE GANT CONDOS #25 THE GREENS 2777 SOUTH ELMIRA DRIVE DENVER, CO 80231 JOHN R. DE PALMA UNIT E-203, THE GANT CONDOS 101 WINNETT PLACE SANTA MONICA, CA 90402 )Z PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President HANS L. STUTZ UNIT D-202, THE GANT CONDOS 30 CARTIER OTTAWA, ONTARIO, CANAND K2P2E7 BRUCE HISER UNIT D-201, THE GANT CONDOS 117 MANOR COURT BLOOMINGTON, IL 61704 WALDO M. WEDEL UNIT D-206, THE GANT CONDOS DOROTHY L. WEDEL 120 VIA TERESA LOS GATOS, CA 95030 RICHARD C. B. CLARK UNIT 3-101, THE GANT CONDOS ALEXANDRA M. CLARK P.O. BOX 899 OSTERVILLE, MA 02655 ABRAHAM N.M. SHASHY, JR. UNIT F-301, THE GANT CONDOS DAN B. MILLER 2300 TRAMMELL CROW CENTER 2100 ROSS AVENUE DALLAS, TX 75201 GEORGE A. VICENZI UNIT C-202, THE GANT CONDOS BARRY LEFKOWITZ P.O. BOX 2238 ASPEN, CO 81612 TAY KWEE YEE UNIT A-204, THE GANT CONDOS P.O. BOX 1232 HONOLULU, HI 96807 THOMAS APPELQUIST UNIT 3-302, THE GANT CONDOS MARION APPELQUIST 400 LiVIN GSTON STREET NEWW HAVEN, CT 06511 MIKE W. FOSSIER UNIT A-104, THE GANT CONDOS DONNA R. FOSSIER APARTMENT 35F 85 EAST INDIA ROW BOSTON, MA 02110 ROBERT 0. FEHR UNIT G-202, THE GANT CONDOS EDITH B. FEHR 294 ROUND HILL ROAD GREENWICH, CT 06830 ) • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President KUROSH SHARIF-ZADEH UNIT H-302, THE GANT CONDOS A GENERAL PARTNERSHIP 200 WINSTON TOWERS L-08 5957 WEST 37TH. STREET CLIFFSIDE PARK, NJ 07010 A. SCOTT MILLER UNIT H-204, THE GANT CONDOS NANCY STONER MILLER 620 NORTH MASHTA DRIVE KEY BISCAYNE, FL 33149 ROSE GRUDER UNIT H-304, THE GANT CONDOS TRUSTEE OF ROSE GRUDER TRUST 10175 COLLING AVENUE UNIT 504 BAL HARBOUR, FL 33154 G. P. DEHNERT UNIT H-101, THE GANT CONDOS 15 SERRAMAR DRIVE OAKLNAD, CA 94611 DESTIN-CO. , UNIT G-305, THE GANT CONDOS A CALIFORNIA CORPORATION SUITE 700 609 SOUTH GRAND AVENUE LOS ANGELES, CA 90017 JANE C. EMERSON UNIT H-303, THE GANT CONDOS 129 TUNZIS VILLAGE FARMINGTON, CT 06032 WESTON CAPITAL CORPORATION UNIT G-205, THE GANT CONDOS #200,! 10 PIDGEON HILL DRIVE STERLING, VA 22170 DR. BARRY M. PANTER, M.D. UNIT G-102, THE GANT CONDOS MARY LOU PANTER 2625 WEST ALAMEDA 4316 MARINA CITY DRIVE BURBANK, CA 91503 TIMOTHY L. HUCKE UNIT G-101, THE GANT CONDOS 1255 WEST 7TH. STREET VILLA #1 VANCOUVER, B.C. CANADA V6H1B7 CAROLYN A. JEFFERS UNIT G-302, THE GANT CONDOS 8745 RED FOX LANE CINCINATTI, OH 45243 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President MARIANNE S. LEE UNIT H-202, THE GANT CONDOS AS TRUSTEE 251 SHEFFIELD LANE GLEN ELLYN,M IL 60137 L.R.M.G. ENGINEERS, INC. UNIT G-303, THE GANT CONDOS A TEXAS CORPORATION 1/2 NANCY E. MEINIG, 1/2 2010 EAST 46TH. STREET TULSA, OK 74105 BRIAN L. HARVEY UNIT G-104, THE GANT CONDOS 2630 EL PRESIDIO ST. LONG BEACH, CA 90810 MARVIS B. SCHAECTER UNIT H-201, THE GANT CONDOS DAVID SCHAECTER 4915 NW 159TH. STREET MIAMI LAKES, FL 33014 FERMAN W. PERRY UNIT G-201, THE GANT CONDOS KATHRYN M. PERRY ROUTE 6, BOX 1526 WINCHESTER, VA 22601 EDWIN L. PHELPS UNIT H-103, THE GANT CONDOS 610 SOUTH WEST END STREET #103 ASPEN, CO 81611 JOHN A. LANDELS UNIT H-402, THE GANT CONDOS P.O. BOX 619500 DALLAS, TX 75621 THE ALLAN H. RAPPAPORT TRUST UNIT H-102, THE GANT CONDOS ALLAN H. RAPPAPORT, TRUSTEE 25 ROLLING HILLS ROAD TIBURON, CA 94920 DENNIS M.L. ROSENBERG UNIT G-203, THE GANT CONDOS 3600 PRYTANIA STREET NEW ORLEANS, LA 70115 KEVIN M. SCANLON UNIT G-301, THE GANT CONDOS JANICE A. SCANLON 1/2 JOHN S. TAWGIN 1/2 1870 COLT ROAD ROBERT H. HESS UNIT H-203, THE GANT CONDOS SUSAN S. HESS 1254 RYDAL ROAD RYDAL, PA 19046 ) 5 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JAMES DANIEL SNYDER UNIT H-401, THE GANT CONDOS LINDA RAE SNYDER 1225 BRAEBURN FLOSSMORE, IL 60422 WALTER L. WEISMAN UNIT H-403, THE GANT CONDOS SHEILA E. WEISMAN 4934 QUEEN FLORENCE LANE WOODLAND HILLS, CA 91364 EDWARD L. SCLAMBERG UNIT G-204, THE GANT CONDOS BONNIE JO SCLAMBERG 2 ENTERPRISE DRIVE SHELTON, CT 06484 MILTON H. DRESNER UNIT H-104, THE GANT CONDOS 18260 W. TEN MILE ROAD SOUTHFIELD, MI 48075 ROBERT J. BASS UNIT H-301, THE GANT CONDOS LOAS DIANE BASS 51 CATTLE PEN LANE SPRINGFIELD, CT 06877 THE GANT CONDOMINIUM ASSOCIATION COMMON AREA 610 WEST END ASPEN, CO 81611 PERRY ALTSHULE UNIT 20, CHATEAU CHAUMONT APTS ELDA R. ALTSHULE 4655 LIBBIT AVENUE ENCINO, CA 91436 JOHN A. WEIL UNIT 19, CHATEAU CHAUMONT APTS CLAUDE M. WEIL 5612 SOUTH BLACKSTONE AVENUE CHICAGO, IL 60637 HENRY FELLA UNITS 24 & 12 CHATEAU CHAUMONT APTS JOHN PETZOLD LAURENCE NILES 117 4TH. STREET MANHATTAN BEACH, CA 90266 PETER R. WOLFORD UNIT 13, CHATEAU CHAUMONT APTS #4, 13045 MIN DANAO WAY MARINA DEL REY, CA 90291 I(' PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President WALHART REALTY COMPANY UNIT 23, CHATEAU CHAUMONT APTS 899 SHANNON NORTHBROOK, IL 60062 PHILIP E. HOWARD UNIT 17, CHATEAU CHAUMONT APTS FRED H. PEARSON 10 SOUTH LA SALLE STREET CHICAGO, IL 60606 JAMES C. LYTLE UNIT 11, CHATEAU CHAUMONT APTS RUSSELL F. PEPPET ROY E. HOFER C/O ROY E. HOFER SUITE 4100, ONE IBM PLAZA CHICAGO, IL 60639 WILLIAM L. WALLEN 1/10 UNIT 3, CHATEAU CHAUMONT APTS ANNE C. MARCHIONNE, TRUSTEE 5/10 WALLEN 1975 CHILDREN'S TRUST 4/10 899 SKOKIE BLVD. NORTHBROOK, IL 60062 ZURICH NOMINEES PTY. , LTD UNIT 21, CHATEAU CHAUMONT APTS 4TH. FLOOR 257 COLLINS STREET MELBOURNE, AUSTRALIA THOMAS E. FRANK UNIT 5, CHATEAU CHAUMONT APTS 15 VISTA DEL SOL SO. LAGUNA, CA 92677 JOHN C. BECKER UNIT 4, CHATEAU CHAUMONT APTS DONNA L. BECKER JAY V. MARCH 50: C/O MARCH HOMES 704 HALDANE DRIVE KENNETT SQUARE, PA 19378 THOMAS E. FRANK TRUST UNIT 2, CHATEAU CHAUMONT APTS THOMAS E. FRANK, TRUSTEE 15 VISTA DEL SOL SO. LAGUNA, CA 92677 THOMAS N. TARDY UNIT 1, CHATEAU CHAUMONT APTS JOYCE W. TARDY 18417 PELLETT DRIVE FENTON, MI 48430 WALTER A. BLEDSOE, JR. UNIT 7, CHATEAU CHAUMONT APTS KATHERINE K. BLEDSOE 413 MARCHANDISE NATIONAL BANK BLDG. TERRE HAUTE. IN 47807 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JEFFREY A. BOURN UNIT 9, CHAUTEAU CHAUMONT APTS LYNDA MACCARTHY P.O. BOX 2581 ASPEN, CO 81612 R. TODD VIEREGG UNIT 14, CHATEAU CHAUMONT APTS ONE FIRST NATIONAL PLAZA SUITE 4300 CHICAGO, IL 60603 H.E. REINERT HOLDINGS CORPORATION UNIT 8, CHATEAU CHAUMONT APTS 161 MAC LAREN STREET OTTAWA, ONTARIO, CANADA K2POK8 HARRY 0. DAY UNIT 10, CHATEAU CHAUMONT APTS JERROLD K. DAY 237-22 STRAWBERRY HILL STAMFORD, CT 06902 EUBANK AND BISHOP UNIT 7A, CHATEAU CHAUMONT APTS A PARTNERSHIP 731 EAST DURANT AVENUE ASPEN, CO 81611 GARY L. KANTOR UNIT 15, CHATEAU CHAUMONT APTS 3753 MEADOWCREST ROAD LAS VEGAS, NV 89121 JOSEPH MILANE JR. UNIT 18, CHATEAU CHAUMONT APTS MARY JO MILANO 9242 WINDSONG COURT COLUMBUS, OH 43085 MARY ANN BANACH UNIT 16, CHATEAU CHAUMONT APTS 1931 N. WINCHESTER AVENUE CHICAGO, IL 60622 ASPEN CHATEAUX MANAGEMENT COMPANY UNITS 22 & 22A, CHATEAU CHAUMONT APTS SUITE 520 SKOOKIE BOULEVARD NORTHBROOK, IL 60062 JAMES C. LYTLE UNIT 11, CHATEAU CHAUMONT APTS RESSELL F. PEPPET ROY E. HOFFER C/0 ROY E. HOFER SUITE 4100, ONE IBM PLAZA CHICAGO, IL 60639 ) • � PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President CHATEAU CHAUMONT CONDOMINIUM ASSOC COMMON AREA C/0 COATES, REID & WALDRON 720 E. HYMAN ASPEN, CO 81611 K. BRENT WALDRON UNIT E, GLORY HOLE CONDOS CONSTANCE K. WALDRON 720 EAST HYMAN AVENUE ASPEN, CO 81611 BOCA CHICA INC. UNIT B, GLORY HOLE CONDOS A FLORIDA CORPORATION SUITE 241 7370 NW 36TH STREET MIAMI, FL 33166 THOMAS C. GRAY UNIT D, GLORY HOLE CONDOS ANN MILLIGAN GRAY J. DOUGLAS GRAY STEPHEN J. GRAY 1416 ASTOR STREET CHICAGO, IL 60610 PETER B. FODOR UNIT F, GLORY HOLE CONDOS SUSANNA FODOR A NEW YORK PARTNERSHIP 200 EAST END AVENUE NEW YORK CITY, NY 10028 LESTER A. LUHNOW UNIT G, GLORY HOLE CONDOS 41 WILLIAMETTE GREEN CANBY, OREGON 97013 HENRY J. FELLA 50% UNIT C, GLORY HOLE CONDOS ELAINE GIBBS 50% C/O HENRY J. FELLA 117 4TH STREET MANHATTAN BEACH, CA 90266 PHILIP OLIVIA UNIT A, GLORY HOLE CONDOS 11035 WEST 26TH. PLACE LAKEWOOD, CO 80215 GLORY HOLE CONDOMINIUM ASSOC COMMON AREA C/O STIRLING HOMES 600 EAST MAIN ASPEN, CO 81611 RESORT HOTEL DEVELOPMENT, INC. ALL OF LOTS K, L, M, N, 0, P & Q, NEW NAME: W00DSTONE ASSOCIATES BLOCK 107, CITY AND TOWNSITE OF ASPEN 709 EAST DURANT AVENUE ASPEN, CO 81611 Jg PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President LEVANT AMERICA S.A. SOUTH 50' OF LOTS R & S, BLOCK 107, C/O COLONIAL NAVIGATION CO. , INC. CITY AND TOWNSITE OF ASPEN #2240, 17 BATTERY PLACE NEW YORK CITY, NY 10004 BERTELINE BAIER DALE UNIT 8, ASPEN ALPS CONDOS 40 CENTRAL PARK SOUTH NEW YORK CITY, NY 10019 BERTELINE BAIER DALE UNIT 16, ASPEN ALPS CONDOS FOREST KNOLLS GREENWOOD LAKES, NY 10925 DON M. SIMECHECK UNIT 11, ASPEN ALPS CONDOS 741 WEST CREEKSIDE DRIVE HOUSTON, TX 77024 SAMUEL C. SILVERSTEIN UNIT 4, ASPEN ALPS CONDOS JO ANN SILVERSTEIN 325 EAST 79TH. STREET NO. 6B NEW YORK CITY, NY 10021 LANE N. MELTZER UNIT 6, ASPEN ALPS CONDOS 316 SOUTH RAMPART STREET NEW ORLEANS, LA 70112 C. C. CHANG UNIT 1, ASPEN ALPS CONDOS ILING S. CHANG C/O CHRIS SIEH 2775 GLENDOWER AVENUE LOS ANGELES, CA 90027 LORNE LEIBEL UNIT 2, ASPEN ALPS CONDOS 16 TUDOR GATE WILLOWDALE, ONTARIO, CANADA M2L1N4 ROBERT W. PAULIN UNIT 5, ASPEN ALPS CONDOS MARY T. PAULIN 4930 EAST OAKMONT DRIVE TUCSON, AZ 85718 LOUIS MARCUS UNIT 13, ASPEN ALPS CONDOS 601 OLD CROSSING DRIVE BALTIMORE, MD 21208 JOHN A. ELMORE II UNIT 3, ASPEN ALPS CONDOS P.O. BOX 881 WRIGHTSVILLE, NC 28480 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President KENT W. SHODEEN UNIT 9, ASPEN ALPS CONDOS 13 SOUTH 7TH. STREET GENEVA, IL 60134 DR. R. VERNON COLPITTS, M.D. UNIT 15, ASPEN ALPS CONDOS SUITE 480 7515 SOUTH MAIN HOUSTON, TX 77030 ALEXANDER B. SLATER UNIT 12, ASPEN ALPS CONDOS P.O. BOX 491 LOCUST VALLEY LONG ISLAND, NY 11560 LANE N. MELTZER UNIT 6, ASPEN ALPS CONDOS 316 SOUTH RAMPART STREET NEW ORLEANS, LA 70112 DAVID FAIN UNIT 10, ASPEN ALPS CONDOS RUTH FAIN C/O THE ASPEN ALPS P.O. BOX 1228 ASPEN, CO 81612 STEPHEN ABRAMSON UNIT 14, ASPEN ALPS CONDOS RUTH C. ABRAMSON C/OP LAWRENCE ABRAMSON 1860 FOREST HILL BLVD. , SUITE 200 WEST PALM BEACH, FL 33406 GUILLERMO OSUNA UNIT 15, ASPEN ALPS WEST CONDOS DORIS OSUNA 234 PARK AVENUE DEL RIO, TX 78840 MACO STEWART STEWART UNIT 2 & 11, ASPEN ALPS WEST CONDOS MACOL STEWART 9641 INWOOD ROAD DALLAS, TX 75220 SHIRLEY H. TAYLOR UNIT 16, ASPEN ALPS WEST CONDOS W-LAZY T RANCH VUSBY, MT 59016 JOSEPH T. VERDESCA UNIT 4, ASPEN ALPS WEST CONDOS 1250 MAJESTY DALLAS, TX 78247 ZI PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President REAL PROPERTIES, LTD. UNIT 1, ASPEN ALPS WEST CONDOS MATTERHORN PROPERTIES, LTD. BEAR PROPERTIES, LTD. EACH AN UNDIVIDED 1/3 INTEREST SUITE 105 1072 S. E. BRISTOL SANTA ANA, CA 92707 LILIA F. HEMPHILL UNIT 8, ASPEN ALPS WEST CONDOS C/0 ASPEN ALPS P.O. BOX 1228 ASPEN, CO 81612 JAIME PARIS UNIT 5, ASPEN ALPS WEST CONDOS NO. 3615 2021 SANTA MONICA BOULEVARD SANTA MONICA, CA 90406 ROBERT E. FOWLER UNIT 7, ASPEN ALPS WEST CONDOS AS TRUSTEE UNDER FOWLER TRUST 4837 PRICKLY PEAR LANE SCOTTSDALE, AZ 85253 ALVIN DWORMAN UNIT 14, ASPEN ALPS WEST CONDOS 645 FIFTH AVENUE NEW YROK CITY, NY 10022 BASLO, A CO-PARTNERSHIP UNIT 10, ASPEN ALPS WEST CONDOS C/0 MR. W. D. EBERLE C/O TERTIARY 53 MOUNT VERNON STREET BOSTON, MA 02108 RONYA REALTY N.V. UNIT 6, ASPEN ALPS WEST CONDOS A NETHERLANDS ANTILLES CORPORATION C/0 THE ASPEN ALPS P.O. BOX 1228 ASPEN, CO 81612 CONSTANCE HARVEY UNIT 12, ASPEN ALPS WEST CONDOS 406P ASPEN AIRPORT BUSINESS CENTER ASPEN CO 81611 DEAR PROPERTIES, LTD. 50% UNIT 17, ASPEN ALPS WEST CONDOS MATTERHORN PROPERTIES LTD. 50% SUITE 4 17662 IRVINE BOULEVARD TUSTIN, CA 92680 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ASPEN ALPS CONDOMINIUM ASSOC COMMON AREA C/0 PAM CUNNINGHAM 141 MIDLAND PARK PLACE ASPEN, CO 81611 HOWARD ABRAHAM UNIT B, BLACK SWAN HALL CONDOS 1340 ASTOR STREET CHICAGO, IL 60610 MEYER'S BAKERIES, INC. UNIT D, BLACK SWAN HALL CONDOS AN ARKANSAS CORPORATION P.O. BOX 7498 LITTLE ROCK, AK 72217 IRWIN WINKLER UNIT A, BLACK SWAN HALL CONDOS MARGO A. WINKLER 10125 WASHINGTON BOULEVARD CULVER CITY, CA 90230 BERNARD SACKS UNIT C, BLACK SWAN HALL CONDOS 2424 S. WABASH AVENUE CHICAGO, IL 60616 BLACK SWAN HALL CONDOMINIUM ASSOC COMMON AREA C/0 P.O. BOX 4273 ASPEN, CO 81612 JAMES PAUL UNIT 9, AJAX CONDOMINIUMS P.O. BOX 1505 MARINO DEL REY, CA 90295 MACO STEWART UNIT 6, AJAX CONDOMINIUMS C/O WOOD BRANCH OFFICE PARK 11931 WICKCHESTER LANE SUITE 302 HOUSTON, TX 77043 JOHN HAROLD LOSSING UNIT 1, AJAX CONDOMINIUMS JANE BLACKMAN LOSSING 3301 NEW MEXICO AVE, NORTHWEST WASHINGTON, D.C. 20016 JAMES C. GIANULIAS UNIT 2, AJAX CONDOMINIUMS MARILYN H. GIANULIAS DARRELL F. HOOVER C/O CAMEO HOMES 1105 QUAIL NEWPORT BEACH, CA 92660 Z3 • • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President THOMAS C. PECKHAM UNIT 7, AJAX CONDOMINIUMS P.O. BOX 9766 ASPEN, CO 81612 EEYOREE THREE PARTNERSHIP UNIT 8, AJAX CONDOMINIUMS A COLORADO GENERAL PARTNERSHIP C/O HUNTER C. MARCH 3916 AVENUE H AUSTIN, TX 78751 MARGARET R. SPENCER UNIT 3, AJAX CONDOMINIUMS 1011 NASHVILLE AVENUE NEW ORLEANS, LA 70115 AJAX CONDOMINIUM ASSOCIATION COMMON AREA C/O McCARTNEY PROPERTY MANAGEMENT 317 ASPEN AIRPORT BUSINESS CENTER ASPEN, CO 81611 DIANE L. HEDDON LOTS A & B, BLOCK 120, CITY AND 749 VIA SOMANTE TOWNSITE OF ASPEN MALAGA COVE PALOS VERDES, CA 90274 BARBARA C. LEWIS LOTS C, D & E, BLOCK 120 CITY AND APARTMENT 6 TOWNSITE OF ASPEN 7575 BATELY COURT SEBASTOPOL, CA 95472 LEONARD GERTLER LOTS F & G, BLOCK 120 CITY AND JUDITH GERTLER TOWNSITE OF ASPEN CO-TRUSTEES OF GERTLER TRUST 14623 HILL TREE ROAD SANTA MONICA, CA 90402 BARRY LEFKOWITZ LOTS H & I, BLOCK 120, CITY AND P.O. BOX 364 TOWNSITE OF ASPEN ASPEN, CO 81612 EDWARD PATTON UNIT 2, THE LITTLE NELL CONDOS IRENE PATTON P.O. BOX 5089 ASPEN, CO 81612 HARRIET SUGAR TOIBIN UNIT 5, THE LITTLE NELL CONDOS SUITE 104-277 6992 EL CAMINO REAL RANCHO LA CASTA, CA 92008 MARTIN H. SILTON UNIT 10, THE LITTLE NELL CONDOS RITA PICKER SILTON P.O. BOX 12189 ASPEN, CO 81612 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President DR. EUGENE W. ROBINSON UNIT 3, THE LITTLE NELL CONDOS MARY ALICE ROBINSON 234 REXFORD PLACE WATERTOWN, NY 13601 DONALD B. CAFFRAY UNIT 6, THE LITTLE NELL CONDOS ANN T. CAFFRAY 5TH. FLOOR, HARBOR BANK BLDG 11 GOLDEN SHORE DRIVE LONG BEACH, CA 90802 RUSSELL T. LUND UNIT 11, THE LITTLE NELL CONDOS LUNDS, INC. 905 TONKAWA ROAD LONG LAKE, MN 55356 JOHN B. STERN UNIT 9, THE LITTLE NELL CONDOS ANN STERN SONNENBERG SUITE 800 515 S. FIGUEROA STREET LOS ANGELES, CA 90071 MICHAEL C. KRAVITZ UNIT 7, THE LITTLE NELL CONDOS C/O K & S PARTNERSHIP 6406 BRENTFIELD DRIVE DALLAS, TX 75248 DAVID A. PARKER UNIT 4, THE LITTLE NELL CONDOS ELIZABETH M. PARKER 1507 WALDEN DRIVE MC LEAN, VA 32101 UKENA FAMILY CONDOMINIUM UNIT 0, THE LITTLE NELL CONDOS A. GENERAL PARTNERSHIP 1704 BURNETT AVENUE AMES, IA 50010 ROBERT D. KLINEMAN UNIT 1, THE LITTLE NELL CONDOS BERNARD E. SINGER, TRUSTEES UNDER KLINEMAN TRUST P.O. BOX 11782 ASPEN, CO 81612 THE LITTLE NELL CONDO ASSOC COMMON AREA C/O STIRLING HOMES 600 EAST MAIN ASPEN, CO 81611 ERNIE MEISSNER UNIT 6, THE MIDLAND CONDOMINIUMS 157 KING STREET W. KITCHENER, ONTARIO, CANADA Z5 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President PEICES OF SEVEN REALTY CORP. UNIT 3, THE MIDLAND CONDOMINIUMS 2940 SOUTH DETROIT WAY DENVER, CO 80210 J. JEFFREY DOHSE UNIT 12, THE MIDLAND CONDOMINIUMS 364 LAFAYETTE STREET DENVER, CO 80218 G & H INVESTMENT COMPANY UNIT 10, THE MIDLAND CONDOMINIUMS A PARTNERSHIP COMPOSED OF DR. WILLIAM & GERDA SEIFER 6471 MANTOVA STREET LONG BEACH, CA 90815 GEORGE H. HARLAN UNIT 7, THE MIDLAND CONDOMINIUMS MARGARET R. HARLAN 1700 CASTLEMAN COURT KELLER, TX 76248 WILLIAM M. LENTZ, JR. UNIT 13, THE MIDLAND CONDOMINIUMS P.O. BOX 1098 LINCOLNTON, NC 28092 PAULETTE D. PERKINS UNIT 4, THE MIDLAND CONDOMINIUMS THOMAS R. HEXT 64 LAKE DRIVE MT. LAKES, NJ 07046 DR. RAINCHARD M. SCHWAB UNIT 8, THE MIDLAND CONDOMINIUMS 42 TWO BRIDGES ROAD TOWACO, NJ 07082 LESTER B. COX UNIT 11, THE MIDLAND CONDOMINIUMS 1315 SOUTH PICKWICK SPRINGFIELD, MO 65804 GEORGE F. BENKENDORF UNIT 9, THE MIDLAND CONDOMINIUMS 6190 SOUTH KILIMANJARO EVERGREEN, CO 80439 TRAVIS J. HARRISON UNIT 5, THE MIDLAND CONDOMINIUMS JOAN G. HARRISON C/O MERCY HOSPITAL P.O. BOX 19024 EVELYN YERKES UNIT 2, THE MIDLAND CONDOMINIUMS P.O. BOX 11275 ASPEN, CO 81612 Z(it • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President JANICE LEE SPENCER LOTS N & 0, BLOCK 113, CITY AND (NOW MRS. OLIVER PARLETE) TOWNSITE OF ASPEN 349 S. MEADOWS AVENEU MANHATTAN BEACH, CA 90266 FLEET WHITE LOTS P & 9, BLOCK 113, CITY AND NYLA WHITE TOWNSITE OF ASPEN 193 THE MASTERS CIRCLE COSTA MESA, CA 92627 R.C. BANKS UNIT 8, LE CLAIRVAUX TOWNHOUSE CONDO P.O. BOX 242 MIDLAND, TX 79701 RICHARD S. DIRKES UNIT 9, LE CLAIRVAUX TOWNHOUSE CONDO TRUSTEE UNDER WILL 120 COUNTRY CLUB DRIVE PORT WASHINGTON, NY 11050 ELIOT BLISS UNIT 3, LE CLAIRVAUX TOWNHOUSE CONDO ANN BLISS TRUSTEES OF THE BLISS LIVING TRUST DATED MARCH 8, 1983 19130 SYLVAN STREET RESEDA, CA 91335 SENATOR MARY R. GRIZZLE UNIT 6, LE CLAIRVAUX TOWNHOUSE CONDO 120 GULF BOULEVARD BELLEAIR SHORE, FL 34635 TIBOR F. NAGEY UNIT 10, LE CLAIRVAUX TOWNHOUSE CONDO PATRICIA G. NAGEY ROUTE 1, BOX 331 EASTON, MD 21601 HENRY GEORGE BRENNAN UNIT 1, LE CLAIRVAUX TOWNHOSUE CONDO HERRON DOYLE PARTNERSHIP A COLORADO GENERAL PARTNERSHIP P.O. BOX GG ASPEN, CO 81612 MICHAEL A. STEDHAM UNIT 5, LE CLAIRVAUX TOWNHOUSE CONDO 1601 ASHTON ROAD ASHTON, MD 20861 STEPHEN P. WRIGHT UNIT 2, LE CLAIRVAUX TOWNHOUSE CONDO # 2, 803 EAST DURANT ASPEN, CO 81611 Z7 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President ROBERT C. SAUNDERS UNIT 7, LE CLAIRVAUX TOWNHOUSE CONDO SALLY B. SAUNDERS P.O. BOX 25821 700 SOUTH WEDTERN OKLAHOMA CITY, OK 73125 JANE F. WRIGHT UNIT 4, LE CLAIRVAUX TOWNHOUSE CONDO APARTMENT 4 803 EAST DURANT ASPEN, CO 81611 LE CLAIRVAUX CONDOMINIUM ASSOC COMMON AREA C/O STIRLING HOMES 600 EAST MAIN ASPEN, CO 81611 KURT KREUGER UNIT 1, ASPEN TOWNHOUSES EAST CONDO 1221 LA COLLINS DRIVE BEVERLY HILLS, CA 90210 PATRICIA GLOUNER UNIT 2, ASPEN TOWNHOUSES EAST CONDO EVELYN DAYCOCK 211 WYCHW00D ROAD WESTFIELD, NJ 07090 JANET T. BOHLEN 1/2 UNIT 3, ASPEN TOWNHOUSES EAST CONDO ADA J. LAMONT 1/2 4710 QUEBEC ST. N.W. WASHINGTON, D.C. 20016 MICHAEL NASATIR UNIT 4, ASPEN TOWNHOUSES EAST CONDO RICHARD HIRSCH 2115 MAIN STREET SANTA MONICA, CA 90405 ROBERT B. LEHRMAN UNIT 5, ASPEN TOWNHOUSES EAST CONDO SUITE 400 4801 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20016 MARTHA PYEATT MENEFEE UNIT 6, ASPEN TOWNHOUSES EAST CONDO 19822 HOOSHOOT00 ROAD BATON ROUGE, LA 70817 PAUL W. HUSTED 1/2 UNIT 7, ASPEN TOWNHOUSES EAST CONDO JAMES F. MC INTYRE CAROL ANN MC INTYRE 1/2 3060 JOYCE WAY GOLDEN, CO 80401 • PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President DON WEAST UNIT 8, ASPEN TOWNHOUSES EAST CONDO 3485 COURTYARD CIRCLE DALLAS, TX 75234 CHARLTON H. CHATFIELD UNIT 9, ASPEN TOWNHOUSES EAST CONDO CORRIGAN LANE GREENWICH, CT 06830 WILLIAM C. RANDALL D.D.S. UNIT 10, ASPEN TOWNHOUSES EAST CONDO 4668 NINE OAKS CR. BLOOMINGTON, MN 55437 MRS. ELIZABETH A. MC GINLEY UNIT 11, ASPEN TOWNHOUSES EAST CONDO 5819 BRIGHT STAR DRIVE TUCSON, AZ 85718 ASPEN TOWNHOUSES EAST CONDO ASSOC COMMON AREA (NO ADDRESS AVAILABLE) FRANK J. MC GUIRE UNIT 3, WINTERHAVEN CONDOMINIUMS NANCY J. MC GUIRE 1827 SENECA STREET BUFFALO, NY 14210 H. ARTHUR LITTEL UNIT 1, WINTERHAVEN CONDOMINIUMS TRUSTEE OF GOLDMAN TRUSTS SUITE 300 E 1140 NORTHWEST 63RD. STREET OKLAHOMA CITY, OK 73116 B & C HOLDING COMPANY LIMITED UNIT 2, WINTERHAVEN CONDOMINIUMS A TURKS AND CAICON CORPORATION C/O BERT OLIVER, ESQUIRE SHUTTS & BROWN ATTORNEYS MIDDLE FLOOR UNIT 527 WEST END STREET ASPEN, CO 81611 RODRIGUEZ BLASS UNIT 2, WINTERHAVEN CONDOMINIUMS C/O JAKE CASTRO P.O. BOX 013390 MIAMI, FL 33101 WINTERHAVEN CONDO ASSOC COMMON AREA (NO ADDRESS AVAILABLE) PAUL L. DEUTZ, JR. UNITS A, C & D, ARROWHEAD CONDOS AS TRUSTEE OF RAINBOW TRUST P.O. BOX 2817 5221 EL MIRLO RANCHO SANTA FE, CA 92067 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President SEGUNDO, INC. UNIT B, ARROWHEAD CONDOS A LIBERIAN CORPORATION C/O ALBERT KERN, ESQ. 430 EAST HYMAN AVENUE ASPEN, CO 81611 ARROWHEAD CONDOMINIUM ASSOC COMMON AREA (NO ADDRESS AVAILABLE) MARTIN SCHLUMBERGER LOTS K & L, BLOCK 119, CITY AND 2516 WOODY CREEK ROAD TOWNSITE OF ASPEN WOODY CREEK, CO 81656 THE HOTEL JEROME LIMITED PTRSP LOTS M, N & 0, BLOCK 119, CITY AND 285 RIVERSIDE AVENUE TOWNSITE OF ASPEN WESTPORT, CT 06880 RICHARD SKIPSEY UNIT 201, CHATEAU SNOW CONDOS DE SKIPSEY, MARINA RIBBING #201, 924 WATERS AVENUE ASPEN, CO 81611 NICHOLAS A. HEINEMAN UNIT 102, CHATEAU SNOW CONDOS CIDER MILL ROAD STAMFORD, CT 06903 WILLIAM BROEDER UNIT 203, CHATEAU SNOW CONDOS BARBARA BOREDER P.O. BOX 381982 MIAMI, FL 33238 WILLIAM A. WISE UNIT 202, CHATEAU SNOW CONDOS MARIE F. WISE C/O EL PASO NATURAL GAS 304 TEXAS AVENUE EL PASO, TEXAS 79901 HOOLIGAN PROPERTIES UNITS 301 & 302, CHATEAU SNOW CONDOS SUITE 5 3250 STIRLING RAOD HOLLYWOOD, FL 33021 WALTER E. WELLS UNIT 101, CHATEAU SNOW CONDOS 20779 DECATUR STREET CASSOPOLIS, MI 49031 CHATEAU SNOW CONDOMINIUM ASSOC COMMON AREA C/O COATES, REID & WALDRON 720 EAST HYMAN ASPEN, CO 81611 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President NATHAN LANDOW UNIT 4, LANDOW TOWNHOUSES CONDOS 4710 BETHESDA AVENUE BETHESDA, MD 20014 LANDOW ASSOCIATES UNIT 8, LANDOW TOWNHOUSES CONDOS A MICHIGAN CO-PARTNERSHIP SUITE 2204 755 WEST BIG BEAVER ROAD TROY, MI 48084 SHANNON O'CONNELL-PERSAUD UNIT C, LANDOW TOWNHOUSES CONDOS MICHAEL B. PERSAUD 50% BARBARA ANNE HUCULAK 50% 618 BADGEROW BUILDING SIOUX CITY, IA 51101 HAAN R E TRUST UNIT D, LANDOW TOWNHOUSES CONDOS C/O TELIC CORPORATION 6100 EXECUTIVE BLVD. ROCKVILLE, MD 20852 LANDOW CONDOMINIUM ASSOCIATION COMMON AREA C/O NATHAN LANDOW 4710 BETHESDA AVENUE BETHESDA, MD 20014 CITY OF ASPEN GLORY HOLE PARK 130 S. GALENA ASPEN, CO 81611 KENT W. SHODEEN LOTS 15B, 16 & 17, UTE ADDITION 13 SOUTH 7TH. STREET GENEVA, IL 60134 UTE CHALET INC. LOT 11, UTE ADDITION P.O. BOX 1284 ASPEN, CO 81612 H. A. BORNEFELD METES & BOUNDS GEORGE P. MITCHELL 5327 CEDAR CREEK DRIVE HOUSTON, TX 77056 WILLIAM WESLEY HEWITT LOT 5, UTE ADDITION P.O. BOX 15155 ASPEN, CO 81612 31 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President CHASPEN ASSOCIATES LOT 3, UTE ADDITION A PARTNERSHIP C/O M. CHASE STE 304, 450 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 POWDER LANE ASSOCIATES LOT 1, ASPEN CHANCE SUBDIVISION A COLORADO GENERAL PARTNERSHIP C/O RED OAK OF COLORADO, INC. 11255 NORTH TORREY PINES ROAD LA JOLLA, CA 92037 JOHN T. NICKEL LOT 2, ASPEN CHANCE SUBDIVISION P.O. BOX 7941 ASPEN, CO 81612 BERTRAM R. FIRESTONE LOT 5, ASPEN CHANCE SUBDIVISION P.O. BOX 167 WATERFORD, VA 22190 (4j9 AUTHORIZED SIGNATURE APPLICATION FOR AMENDMENT OF THE P.U.D. PLAN OF THE CLARENDON CONDOMINIUMS I. INTRODUCTION The Clarendon Condominium Association, on behalf of the owners, together with two interested owners, requests an amendment to the existing P .U.D. plan to authorize the two interested owners to convert their existing two-bedroom units to three-bedroom units in the same construction form as the existing three-bedroom units in the project by adding the third bedroom as a second story over the existing one-story entrance way. In the past, the City Council has granted requested amendments to the P.U.D plan for Units 6, 7, 8 and 12 to convert from two bedrooms to three bedrooms in exactly the same manner. Applicants seek approval for the expansion of Units 1 and 11 . Unit 11 is abutted on both sides by three-bedroom units. Unit 1 is on the northern-most end of the condominium and is abutted by Unit 2 . Units 2 and 3 are two-bedroom units, the owners of which do not desire to convert these units to three-bedroom units. Units 4 through 10 are three-bedroom units. In order to protect the architectural integrity of the roofline on the northeast '' ` (entrance) side of the condominiums, the Condominium Association has required as a condition to allowing the owner of Unit 1 to expand from two bedrooms to three bedrooms that the owner of Unit 1 will construct a new roof and false front over the entrance side of Units 2 and 3 • connecting with the roofline on Unit 4 . This is depicted , clearly in the architectural drawings attached. The requested amendments would not result in any increase in density, increase in the footprint or increase in the overall height of the building. This application is filed as an "other amendment" pursuant to § 7-908B. , Land Use Regulations, which requires the P.U.D. final development plan procedures be followed for the amendment. Attached as Exhibit 1 is the Pre-Application Conference Summary Sheet from the conference which occurred on November 14 , 1989 , and the Land Use Application Form. At the pre-application conference, the applicants ' representative was advised to file an "abbreviated" final P.U.D. application since most of the extensive information required by a final P .U.D. application is not relevant to an application such as this where there are essentially no impacts on the community. Since the P .U.D. final development plan procedures are to be followed with this application, there is involved a two-step process with a public hearing at the Planning and Zoning Commission and, subsequently, a non-public hearing with the City Council . II . COMMON REVIEW REQUIREMENTS . A. Applicants are The Clarendon Condominium Association, Inc . , c/o Aspen Club Property Management, 730 East Durant Avenue, Aspen, Colorado 81611 , the contact person is Chuck Frias at 920-2000 ; Jeffrey Wilson, the owner of Clarendon Unit 1 , w�iose address is 16633 Ventura Boulevard Suite 700 , Encino, California 91436 , telephone (213) 872-1321 ; and Jerome Epstein, the owner of Clarendon Unit 11 , whose address is c/o Perry Group, 25 Mount Laurel Road, Hainesport, New Jersey 08036 , telephone (609) 267-1600 . Letters from the applicants authorizing the law office of Joseph E. Edwards, Jr. , Suite 109 , 201 North Mill Street, Aspen , Colorado 81611 , telephone (303) 925-7116 , to act as Applicants ' representative to process this application are attached as Exhibit 2 . B. The parcel on which the development is proposed to occur is the Clarendon Condominiums, West End Street, Aspen, Colorado 81611 . The legal description is the Clarendon Condominiums, Lot 1 , Clarendon Subdivision, Aspen, Pitkin County, Colorado, according to the Condominium Map filed in Plat Book 5 at Page 36 , as amended. The property is located northeast of Ute Avenue, southeast of Glory Hole Park, southwest of West End Street and northwest of the Gant Condominium. C. The names and addresses of the owners of the Clarendon Condominiums and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel are set forth on the title certificate prepared by Pitkin County Title, Inc. , a copy of which is attached hereto as Exhibit 3 . D. An 8i " by 11 " vicinity map locating the subject parcel within the City of Aspen is attached hereto as Exhibit 4 . E . A written description of the proposal is provided in the Introduction. III . Final P .U.D. Development Plan. A. Section 7-903 C. 2 . , Land Use Regulations , provides 12 items for inclusion in a P.U.D. final development plan. Most of these are not relevant to this application. Items 1 , 2 , 3 , 5 and 8 are relevant to this application. Also, item 12 is relevant to the extent that a Fourth Amended Condominium Map will be filed and recorded after the proposed improvements are completed and surveyed "as built. " For reference, a copy of the Amendment to the Condominium Plat for expansion of Units 6 , 7 and 8 is attached. A similar plat will be proposed and filed for Units 1 and 11 if approval is granted. Due to the unique D22/02 -2- nature of the application, the Applicant feels the following is more informative than if the Applicant simply made statements in response to the numbered items listed in the Land Use Regulations . The following provides all the relevant information required, relevant documents, and a description of the existing project. 1 . Recorded Documents . Copies of the following recorded documents relevant to the Clarendon P.U.D. are attached as Exhibit 5 . a. Subdivision Agreement, recorded in Book 310 at Page 959 of the records of Pitkin County, Colorado (all references to Books and Pages are to the records of the Clerk and Recorder' s Office of Pitkin County, Colorado) . b . Condominium Declaration, Book 319 , Page 415 . c. First Amendment to the Condominium Declaration, Book 410 , Page 80 . d. Second Amendment to the Condominium Declaration, Book 448 , Page 581 . Also, the following recorded plat and maps are provided. a. Final Subdivision Plat, Plat Book 5 , Page 1 . b. Condominium Map, Plat Book 5 , Page 36 . c. First Amendment to Condominium Map, Plat Book 11 , Page 71 . d. Second Amendment to the Condominium Map, Plat Book 18 , Page 67 . 2 . Prior Approval and Amendments . Copies of the minutes of the City Council meetings at which the City Council approved the P .U.D. and prior amendments to the P.U.D. are attached as Exhibit 6 . a. Subdivision approval by the City Council September 22 , 1975 . b. Subdivision reapproval by City Council January 26 , 1976 . D22/02 -3- c. First Amendment to the P .U.D. Plan approved September 22 , 1980 , allowing Unit 12 to convert from a two-bedroom unit to a three-bedroom unit. d. Second Amendment to P.U.D. Plan approved September 27 , 1982 , allowing Units 6 , 7 and 8 to convert two-bedroom units to three-bedroom units and requiring two additional parking spaces. e. Third Amendment to P.U.D . plan approved May 14 , 1984 , and July 24 , 1984 , to add one low/moderate deed restricted employee housing unit and granting an exception from additional parking requirements and an exception from GMP . 3 . Existing Project Description. a. Zoning: R-6 , Mandatory P.U.D . b. Land area: 1 .627 acres (70 , 872 .12 square feet) . c . Land coverage: . 758 acre (33 ,059 square feet) . d. Open space : . 868 acre (53 . 350) . e. Allowable Density: 15 .75 units at the former R-6 density of one dwelling unit per 4 ,500 square feet. The existing density is 15 free-market units in a multi-family configuration and one employee unit. The free-market units are comp. ised of(fie two-bedroom units at 1 , 360 square feet ank:terilthree-be-ai5om units at 1 ,610 square feet . f. Estimated maximum occupancy of 40,.,-\ / bedrooms at two persons per bedroom is 80 persons . +' C g. Average occupancy at 38% is 30 persons . (Source is from owner usage and rental survey. ) h. Floor area of building: 22 , 900) square feet (exclusive of detached restricted empJayee" �J housing unit) . There is no F,AR___J._imi_t__s.p-eci.f d for the c multi-family configuration of this P .U.D . in the current R-6 Zone description. q ; B. Changes Since Original Approval . The first amendment to the P.U.D . plan was approved by the planning director as a minor change in the P .U.D. plan as a result of a change in ownership. The individual units have been separately sold. The owners of Units 6 , 7 , 8 and 12 have previously requested and on two different occasions have been granted P .U.D. amendments to expand their two-bedroom D22/02 -4- units to three-bedroom units. The high density development in the surrounding area (the old "tourist" zone to the southeast, L/TR to the west and R/MF to the north and east) has altered the character of the area and reflects a change in circumstances towards higher utilization of the area. C. Approval of Homeowners ' Association Board. The board of directors of the condominium association has approved the proposed changes and has authorized the application for amendment of the P .U.D. plan. See Action of Board of Directors attached as Exhibit 7 . 1 D. Proposed Amendment. 1 . Request to convert two two-bedroom units to three-bedroom units . The condominium association and two interested unit owners seek approval to convert Units 1 and 11 from two-bedroom units to three-bedroom units. The Clarendon Condominiums were constructed such that the two-bedroom unit is the same basic configuration as the three-bedroom unit except the roof ne is lower over an entrance way. The addition of the 4 square foot third bedroom is accomplished by raising the northeast-facing roof line of the two-bedroom units over the entrance way to match the roof height of the other three-bedroom units . This would add two 245- are-foot bedrooms, increasing total bedrooms from 40 The existing square footage of the building (not counting the detached restricted employee unit) is 22 ,900 square feet. The addition of two 245-square-foot bedrooms would add 490 square feet to the project. This is X2, 14% increase in the square footage of the project. On two prior occasions, the City Council has , approved requests from other owners of two bedroom units 1 seeking to expand their units to three bedrooms . The three remaining two bedroom unit owners do not desire to expand their units at this time. Mr. Wilson' s unit (No. 1) is on the northernmost end of the building and Units 2 and 3 have not been increased from two bedrooms to three bedrooms . In order to create a uniform roofline from Unit 1 to Unit 4 , a ew roof and front will be constructed on the entrance side bf Units 2 and 3 . The addition of the third bedroom for the two-bedroom units will not increase impacts on the community or the neighborhood. The families of owners will still come to town whether the individual unit is more or less crowded . The units, even as expanded, are approximately one-half the size that could have been built had the project been developed as a sin• le-family or duplex project, and the requested change do not se any increase in overall building height, footprint .r uni density. This is the least dense proje. i area. -5- D22/02/ --- "--..'k 2 . Floor Area Ratio. The Aspen Land Us �, \ Regulations do not specify FARs for the multi-family configuration of this P.U.D. ; however, analogy can be made -''i) to the FARs established in the R-6 zone for single-family \, - �'\ and duplex units under the Code as it existed when the ` Clarendon was approved. The Clarendon was developed at the \, , then allowed density of one unit per 4 ,500 square feet of lot area (15 units) . On such a lot, a single-family `�,Li residence of 2 , 820 square feet was allowed or a duplex �� �:'r_,\� residence of 3 , 150 square feet was allowed. See 24-34 , > ,/ Aspen Municipal Code, as it existed prior to May 25 , 1988 . > �' The existing Clarendon has ten three-bedroom units at 1 , 610 -- square feet and five two-bedroom units at 1 ,360 square feet , �\ each. The total floor area of the Clarendon is 54% of the floor area which would have been allowed had it been developed as 15 single-family homes and 48% of the floor area which would have been allowed had it been developed as duplex units. 3 . Illustration of changes . The proposed addition of the third bedroom is shown in Exhibit 8 . Exhibit 8 is three pages of architectural drawings depicting the existing and proposed configurations. Page 1 of Exhibit 8 depicts a key plan of the Clarendon Condominium and the affected units . Also on page 1 of Exhibit 8 are elevations for the entrance side. These elevations show the proposed change to the roof line. Page 2 of Exhibit 8 shows the existing and proposed upper-level floor plan and cross-section of the units . Page 3 of Exhibit 8 shows an existing and proposed northeast view perspective. Exhibit 9 is a letter from the architects who originally designed the Clarendon Condominiums and are working with the Applicants on the proposed improvements indicating that the addition can be made using conventional construction techniques without endangering adjacent units or affecting the structural or architectural integrity of the building. D22/02 -6- CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PROJECT:C,I �A APPLICANT'S bREPRESENTATIVE. ,..l _ v 14 ! REPRESENTATIVE 'S PHONE: S — --- -/ j ( Q ■OWNER'S NAME: : 1 0.A :�'e A II ria.1 lb ! �. ...: SUMMARY 1. Type of Application:t v/ . A. 'ALL:. .J' • J P ) C) 2 . Describe action/type of development being requested: 2c )YNA-..6') )t-SCI4V7-tA :3-.111)__, WIcl be-ti/t1)-abf\--OL___ a2mtg, } 10 % 1.J-A —.._■f■A■ ■ 0 A s\%-- OS lik st „,,,,,,,,,t, 4 tc-, , ,..)„,c)m - ,i)i)_(6-___,__....,9-_,,„ , J 0, ',■&211.42 _ti-ao. 1 3 . Areas is which Applicant has been requested to respond, types of reports requested: 1 Policy Area/ Referral Accent Comments °ji a Ali!. ..! - 1 I - 1 - 4 . Review is: (P&Z Only) (CC Only (P&Z then to CC) 5 . _ Public Hearing: _ _ (NO) ( e- rs,,,,\,....t.A-4-c_-4a-1, 6 . Number of copies of the application to be submitted: l7 . What fee was applicant requested to submit: /5OE t g o_ / J 8 . Anticipated date of submission: . C])-e...e___• I9 . COM ENTS/UNIQUE CO CE•N : frm. pre_app J ATrAQlnxr 1 LAND USE APPLICATION TION FORM 1) Project Name CLARENDON CONDOMINIUM 2) Project Location West End Street, Aspen, Colorado 81611 Lot 1, Clarendon Subdivision, Aspen (iniicate street aress, lot & block number, legal description where appropriate) 3) Present Zoning R-6; Mandatory P.U.D. 4) Iat Size 1.627 acres 5) Applicant's Name, Andress & Phone # See Application 6) Representative's Name, Ackires.s & Phone # Joseph E. Edwards, III, Suite 109, 201 North Mill Street, Aspen, Colorado (303) 925-7116 7) Type of Application (please check all that apply) : Conditional Use SPA Conceptual ual historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual. PUD Minor Historic Dev. Stream Margin X Final FUI) (Amendment) Historic Demolition Mountain View Plane Subdivision historic Designation Condaniniumization Text/Map Amendment GKIIS Allotment Lot SpLit/Lot j i n CM6 0.4_1:. 'on Adjustment 8) Description of Existing Uses (number and type of existing ; approximate sq. ft. ; umber of bedrooms: any previous apps granted to the property) . • See Application 9) Description of D`velopent Application Amendment to P.U.D. : See Application 10) Have you attached the following? Response to Attachment 2, M?n i n rm Submission Contents Response to Attachment 3, Specific SuLiuission Contents Response to Attachment 4, Review Standards for Your Application December 29 , 1989 1 Aspen-Pitkin Planning & Zoning Department 1 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P .U.D. Plan for Clarendon Condominiums ■ Dear City of Aspen Planning Department: The Clarendon Condominium Association, Inc. , a not-for-profit Colorado corporation, is the record owner of the general and limited common elements as described in the Condominium Declaration for the Clarendon Condominiums recorded in Book 319 at Page 415 , et sea. , the first amendment thereto recorded in Book 410 at Page 80 , et seq. , and the second amendment thereto recorded in Book 448 at Page 581 and the Condominium Map filed in Plat Book 5 at 1 Page 36 , the first amendment thereto filed in Plat Book 11 at Page 71 , the second amendment thereto filed in Plat Book 18 at Page 67 , all in the records of the Clerk and Recorder ' s Office, Pitkin County, Colorado. The property is legally described as Lot 1 , Parcels 1 , 2 and 3 , Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. J The Clarendon Condominium Association, whose address is c/o Chuck Frias, Aspen Club Realty, 730 East Durant Avenue, Aspen, Colorado 81611 , and whose telephone number is (303) 920-2000 , authorizes the law offices of Joseph E. Edwards, Jr. , Suite 109 , 201 North Mill Street, Aspen, Colorado 81611 , whose telephone number is (303) 925-7116 , to file with you any applications under the Aspen Land Use Regulations they shall deem necessary for amendment to the 1 P.U.D. plan for the above described property. Very truly yours, ICLARENDON CONDOMINIUM ASSOCIATION, INC. Attest: 6- / 11./,/ ,(44 1/4 ,/, ' President : Secretary IL4/11 _1 December 29 , 1989 Aspen-Pitkin Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P.U.D. Plan for Clarendon Condominiums Dear City of Aspen Planning Department: I am the record owner of the property known as Condominium Unit 11 , Clarendon Condominiums. The Clarendon Condominiums are described as Lot 1 , Parcels 1 , 2 and 3 , Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. My address is 25 Mount Laurel Road, Hainesport, NJ 08036 , and my telephone number is (609) 267-1600 . I authorize the law offices of Joseph E. Edwards, Jr. , Suite 109 , 201 North Mill Street, Aspen, Colorado 81611 , whose telephone number is (303) 925-7116 , to file with you any applications under the Aspen - • se Regulations they shall deem necessary for ame• •ment • th P.U.D. plan for the above described property. V: tr-••.L�•• - , r'f ::,! tai L4/12 j i i ; December 29 , 1989 1 Aspen-Pitkin Planning & Zoning Depar+-ment 130 South Galena Street -_ Aspen, Colorado 81611 j Re: Amendment to P.U.D. Plan for Clarendon Condominiums Dear City of Aspen Planning Department: I am the record owner of the property known as Condominium Unit 1 , Clarendon Condominiums . The Clarendon Condominiums are described as Lot 1 , Parcels 1 , 2 and 3 , Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. My address is Suite 700 , 16633 Ventura Boulevard, Encino, CA 91436 , and my telephone number is (213) 872-1321 . I authorize the law offices of Joseph E. Edwards, Jr. , Suite 109 , 201 North Mill Street, Aspen, Colorado 81611 , whose telephone number is (303) 925-7116 , to file with you any applications under the Aspen Land Use Regulations they shall deem necessary for amendment to the P.U.D. plan for the above described property, '; Very e 1 yours, i .- 1 Jef )rey Wilson L 4 d3 1 1 j PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins,Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc. , a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that the following list of the owner's in fee simple of the following described property: NAME LEGAL Jeffrey Wilson Unit 01, Clarendon Condominiums Clarence A. Herbst, Jr. Unit 02, Clarendon Condominiums Donald E. Kolmer Unit 03, Clarendon Condominiums D. Kennedy & Delores J. Fesemyer Unit 04, Clarendon Condominiums Richard H. & Ruth H. Conant Unit 05, Clarendon Condominiums Dean L. Greenberg Unit 06, Clarendon Condominiums Ann S. Bowers & Robert N. Noyce Unit 07, Clarendon Condominiums Lee & Gertrude F. Gladstone Unit 08, Clarendon Condominiums Monte & Peggy Smith Unit 09, Clarendon Condominiums James A. & Linda S. Shirk Unit 10, Clarendon Condominiums Jerome P. & Deborah R. Epstein Unit 11, Clarendon Condominiums Earl M. Latterman Unit 12, Clarendon Condominiums C.L. Equities, Inc. Unit 13, Clarendon Condominiums Kenneth D. Bernstein Unit 14, Clarendon Condominiums Edgar, Jr. & Rosamond B. Stanton Unit 15, Clarendon Condominiums Subject to easements, rights-of-way and encumbrances of record. Deed of Trust Book 320 at Page 352 Unit 02 Transfer Book 320 at Page 359 Unit 02 Transfer Book 324 at Page 719 Unit 02 Transfer Book 438 at Page 623 Unit 02 Deed of Trust Book 526 at Page 608 Unit 02 Deed of Trust Book 564 at Page 769 Unit 04 Transfer Book 564 at Page 776 Unit 04 Deed of Trust Book 604 at Page 533 Unit 05 Deed of Trust Book 555 at Page 807 Unit 09 Deed of Trust Book 375 at Page 174 Unit 13 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: c �:�� G � K authorized signature DATED: December 01, 1989 @ 8:00 a.m. E. LAYMAN AVE. \ _ / z i w• . z L... L.m Tl!i':IIuI; - - - - "' El AVE. ,.. J....V3 , 1 (6, OF It) .B t n .' ► - - 1 (9. 1'..- . 11' Id . .. _ _ _ _ _ i '.' Li' .1. . . 11111b • I i 11 111111111 • NM 1.14001411 Iliiii) ill ,•,c, I 11111111111 .?A ,. . . .opi. W.A7.1, ` 120 £ L -1 —r 1,411r.: 'I 32 � 31 ' i •' ,' J , Ef i ` . Y; ' I-. ,.,40,:.:. ..,._,. . • t �.L_TR tract t . '1114'.4k 2d � \ act "IP • . ■ 1~ _ "i 10 Ci . ,024 �, . , ♦ SSA" R -: I `�X11 ■ N ��� (pUD�'- 1 '4 41- _®1 z`t„ I Nab. ..,4 R - 15 : :,,,. • .„, •% i C (PUD) \ . . \ O° J ...... • iff4oft, On% 1�6?_r1 •::959 SUBDIVISION AGREE'iENT F07 THIS AGREEMENT, made and entered into this 2y.a. c.v of January, 1976, by and between BREWER, INC. , a Delaware corpo- ration (hereinafter referred to as "Subdivider") , and the CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City") . W I T N E S S E T II : WHEREAS, Subdivider has submitted to the City for approval, execution and recording a Final Subdivision Plat of a tract of land being situated in the N:11/4 of Section 18, T10 S, R 85 W . of the 6th P.M. Pitkin County, Colorado and being all of Lots 26, 27, 28, 29, 30, 31, 41 and part of lots 32 and 40 all in the Ute Addition to the City of Aspen, said real property is more fully described as follows: Beginning at a point: on the Northeasterly edge of Ute Avenue and being the Southerly corner of said lot 26 whence corner nc. 1, Aspen To'.:nsite bears S20°15' 1.7" F 457. 17 feet; Thence N37°47' 34" N 159.75 feet alone the Scuthwesterly edge of said lets 26, 27, 28, 29, 30, 31 and 32 to the Southerly corner of the Glory bole Par} ; Thence . 51032'00" F. 111. 57 feet along the E.cutheceterly edge of said par:_ Thence 575°02' 00" :7 64.96 feet; Thence S33"55'00' F 7.72 feet to the ?:ester'_ corner of said lot 40; Thence _S1° 5' 00 F 62. 52 =cat fe a P. ,..r._ cc. the Southerly edge of .7.a le: -,.,r::; Thence 875°5. 00' 1. 44 _ee L along the S _.the l_ edge of said ark; Thence I:14°51' n" . . 50 feet along the Southerly edge cf said .rk; _hence .:7"°5 ' 00" :. 6 feet; Thence Sl '°22' 00" . ._ 0. 75 • Thence :.75°37' 00" 5. c7 fact; n+w :hence S14°59' 20' V 54 , L 9 feet to a point on the _:ortheasterly edge of saic lot 41; Thence f 5°14 '00' C :',. 41 foot along said .:ortheastcrly edge to the Lasterly corner of said lot 41; Thence S39°29' 00" 105. 32 _feet alone the Southeasterly ed7e of .:a_d lot 41 to ti, Southenly corner of said lot 41, boil _ a1.._ a rcint on t'._ ::orth__ ;terly :e of said lot 28; Thence S36°23' 00" E 117. 36 foot along the Northeasterly edge of said lots 28, 27 and 26 to the easterly corner of said lot 26; Thence S52°02' 00" U 135. 97 feet along the Southeasterly edge of said lot 26, to the point of beginning containing 1. 611 acres, more or less, which tract is shown and designated on said Plat as Lot 1, and Parcels 1, 2 and 3, Clarendon Subdivision; and WHEREAS, the subject property is located 'within an area of the City presently zoned 7-6 Residential, Mandatory Planned Unit Development; and 1 WHEREAS, the City has fully considered said subdivision plat, the proposed development and improvement of Lot 1 thereon, fand the requirements to he imposed upon the subject property by reason of the subdividing thereof and the proposed develop- ment and improvement of Lot 1; and WHEREAS, the City is willing to approve, execute and accept said subdivision plat for recording upon the agreement of Subdivider to the matters hereinafter described, which matters lare deemed necessary to protect, promote and enhance the public welfare; and WHEREAS, under the authority of Section 20-16 (c) of the Munici.eal Code of the City of Aspen, Colorado, the City is entitled to assurances that the matters hereinafter acreed to will be faithfully 1_or_o. .1Ce hy Subdier; and IWHERE:.S, L divider fs willing to enter into such agreement with, and to provide ...:cb ans...<oaces to, the City. l , NOW, 71.7- _ , in ch... iCcr lt'on of fl-le nrcois.'s, the mutual co'v'enants herein containc.d, and the approval, c'::ccuti0n i I -2- ,.I r... r♦ Vl1 and acceptance of the Final Subdivision Plat of Clarendon Sub- division the City for recording, the _ sties .hcret.v agree as follows: 1. Landscaping. Subdivider shall landscape Lot 1, Clarendon Subdivision, in accordance with the landscaping plan as shown on sheet 2 of the Final Subdivision and Development Plan. The agreed estimated cost of such landscaping for said Subdivision is $3, 651.00. 2. Fire Hydrant. Subdivider shall install the fire hydrant situated in the northeasterly corner of said Lot 1 and as shown on sheet 1 of the Final Subdivision Plat. The agreed estimated cost of installing the fire hydrandt and necessary connecting pipes is $1,500.00. 3. Drainage. Subdivider shall construct the drywells, grit chamber and oil skimmer as shown cn sheet 2 of the Final Subdivision Plat. The agreed estimated cost of the foregoing improvements is $8,320.00. 4. Certificate of Occ oancv, Warrants. The improvements required of Subdivider by paragraphs 1, 2 and 3 , above, shall he completed prier to the issue "ce of a Certificate of Occupancy for the project to be constructed on said Lot 1. Subdivider hereby agrees to warrant the improvements covered by paragra'ra 2 for a period of one full year and the landscaping covered by paragraph 1 for a period cf two full veers after acceptance of the same by the City. 5. Escro'.. .-.-re '__-- It is estimated that the a ggregate cost of constructing- and __. n:a1linr, all of the is oy::w nts hereinabove dcscr_l d: will net e::ceed ,;13 , .71. CC. In order to secure the performance of the construction and installation of said improv=ehts hcre_n a to by the ._,:1,.._,.. er and the -3- ..` ,:XU-i-U i':. 96Z. City, Subdivider snail v.i.on the execution of this Arjrceent, either doi-osit Tith th,- ..:ity the funds or furnish the City with an irrevocable sinht c'07.0t no lettco of ce=il=nt fihanciallv r,_:sonsinie ILA-1(:cr in the arount of the afore- said csoimeteJ costs for censtructinn a :: in2tallatien of the improvements herein described. Subdivider shall have the right at its election to substitute the security for its performance hereunder, i.e. , replace any funds deposited with an irrevocable sight draft or letter of commitment and vice versa. In the event, however, that any portion of the work and improvements have not been installed according to the conditions contained herein, then and in that event, the City shall have the unconditional right to withdraw funds upon de:-.1and to partially or fully complete and/or pay Ifor the work to be done :::: any party. From time to time as work to be performed and improvements to be constructed 1 hereunder proc:resses, Subdivider may rec:uest the City Engineer i to inspect such work and improvements as are completed and may submit to the City the cost of such completed work and im- provements. As portions of the improvements are completed, the ICity Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release of the agreed estimated cost for Ithat portion of the improvements, except that ten (109J percent of the estimated cost shall be withheld until all proposed improve- - mentso are completed and approved by the City Tngineer. by reason of the .7:hove created: escrow arrangement, Subdivider 1 is in no way relieved of any oblic:atichs to =he the ir:,prov=ents above provided for, nor in the City o'rliciatcd to ass= the Iresponsibility for thc:e l7:.1provc=nts Ic: ancctance of this escrow arranc=ent. 6. Ehqincei-in:: :.:: 1.:Inentien et -1:noc-v . n. Sub:2ivide0 shall crone::: and be re:-; :heihrie fr.r the : ro : rann c= enceo-- I - -- .1 • ,eP:`..o,. L73' V..; V ���E 963 ing plans, specifications, and construction drawings for all improvements included in paragrai:ns 2 and 3, C.i eve. These plans and specifications shall Le submitted to the City hr.c::ineer and shall be approved prior to the commencement of any construction by the Subdivider. Subdivider shall also be responsible for providing all necessary engineering and/or surveying services in conjunction with the construction of said improvements. The City Engineering Department shall be notified prior to the commence- ment of construction so that the work may be inspected during construction. 7. Obligation to Conform to Laws. Notwithstanding anything contained herein to the contrary, Subdivider, in developing the property contained with the Plat, and the other improvements as herein described, shall fully comply with all applicable rules, regulations, standards and laws of the City and other governmental agencies and bodies having jurisdiction. 8. Future Subdivision Improvements. City acknowledges that the general area within which the Subdivision lies was platted and partially developed prior to the adoption of the present design requirements and does not wholly conform to such design requirements. In lieu of requiring Subdivider to install subdivision il..prove,:.cnt n at the time of construction of the project, the City, as a condition to approving the subdivision plat, hereby rcc:u_res the Subdivider, for itself, its successors in interest assigns, te make certain covenants and agreements which will _. .-iae for each snhJivisicn improvements tc be con- structed and paid for the future. Therefore, rubdivider hereby covenants a _con :iti. the City, as follows: (a) That it will affirmatively mativel,, consc nt to and join in the fcr,__.tien of _ i•. ,...; rc. .__-..t district, encompassing all Or any art of the ....._.;l'. .... i_ n, t!-).t ..',V hereafter be pro- posed or for::1eh for construction of any improvements re- cuireci by tho City' s suliyieion tiY_Iinance as now or herein- after in force and k2ffct:t: . ,:ul:Ciivider ncrohy waivts and further coycnts anj agrees tl . _:y._ ,thy ijnt (: : Trcit. a7:ainst tha i formtic.:. of L-nv (L) ' hat_ in !__., ..,y.:ht ':.hat. the ■_ity, at any time or from time to time, shall construct or install any improvements required by the City' s subdivision ordinance, as now or hereafter 1 in force and effect, which improvements service or improve a 1 general area including the lands within the Subdivision, Sub- divider shall, upon demand, pay or reimburse the City for that 1 portion of the actual cost of such improvements which is pro- 1 perly allocable to the Subdivision, provided, however, that the City shall he entitled to such payment or reimbursement only if such improvements are constructed or installed in the general Iarea to at least include Ute Avenue or portions or all of Lest End Street as the same abut said Lot 1. Subject to the minimum general area requirements set forth above, the City shall have the right to construct or install such improvements in phases or incre- ments, e.g. , curbs and cutters in one year and sidewalks in a subsequent veer, and Subdivider shall paw or reimburse the City Ifor each successive phase or increment. In no event shall the Subdivider' s obligation hereunder exceed its properlY allocable Ishare of the total cost of such improvc=nts as determined by the customary cemsetition charges and rates for such construction then prevailing in ALr;pcn T:nc: ft.:-.7 envircr.:7. 9 . ; /-.st Ft:i t:-,-.., :.: le:Itton FserYsties. Fubder for itself , its f, ece—:, :m l- interest Lnd assichs, hereby re- serves Parcels 1 and 1 :,s sho%:n en the ClcIrenden ;:u1::division Final Plat for :•.i::u:.:c: L:::i..:Lclan to tht ?ul:lic for Public richt-of-wey il:_rc-: , 1:.ch OLdioation to occur at such time ,..1 1 -6- "4 j ` n a as a forty ( 0) foot wide right-of-way is deemed necessary by the City for the extension of rest End Street. Subdivider hereby covenants and agrees that said Parcels 1 snd 2 shall re- main free and clear of all liens and encumbrances during the period of this reservation. Subdivider further covenants and agrees to join in any conveyance or, if necessary, quiet title action to cure any defect in title, should the City request same. In the event the City does not acquire said forty (10) foot wide right- of-way within the period of twenty (20) years from the date of subdivision approval, the reservation contained herein shall terminate and be of no further effect. 10. Dedication Pavnonts. Subdivider and City mutually agree that the sum of $14 ,9990. 63 represents an amount equal to the current market value of the undeveloped land required for dedication by Section 20-18 (a) (1) for Lot 1, Clarendon Subdi- vision, and that such anount shall be paid by Subdivider to City upon recordation of the Clarendon Subdivision Final Plat. Sub- divider and City further agree that the aforesaid sum constitutes the sole and only cash (or land in lieu thereof) dedication which will be recuire.d in connection with the subdividing and condominiumizing of Lot 1 , Clarendon Subdivision. 11. Conveyances to Cit . . Subdivider hersby esrees to con- vey to City by quit clai: deed all of its right, title and interest in the real property 1,.c:_. .ed westerly of and continuous to the north- westerly boundary of Let 1 (shown as the "Cceaprr: isc Line" on sheet 1 of the Final Subdivision Plat) and the City agrees to convey to Subdivider all of its rie ._, title and interest in said Lot 1. • -7- _i ; .. 12. Cc•.e The covenants and agreements of the Subdivider berei:. _.;:all be d,omed covenants that run with the land, shall burden the land ircludcd within the Subdivision, and shall bind and be specifically enforceable against all present and subsequent owners thereof, including Subdivider, its successors in interest and assigns. 13. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, City agrees to approve and execute the Final Plat of the Clarendon Subdivision and accept the same for recording in the real property records of Pitkin County, Colorado, upon payment of recording fees and costs by Subdivider. 1 THIS AGREEbEbT shall be binding upon the parties hereto and their respective successors in interest and assigns. 1 _ SUEDIVIDER: BREWER, INC. , a Delaware corporation i - • BY %/ (SEAL) --. (/ice — President l . CITY: CITY OF ASPEN, J a municipal corporation By_ ----_ _ -7- / Mayor I �, J ATT: _. / City I l .I _g_ 1 J _I STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this 1 ---day of April, 1976, by / as Vice President of Brewer, Inc. Witness my hand and official seal. commission expires: /571 *21,z1j(-14— Notary Rublic • .....••• STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this day of April, 1976, by STACY STAND= III, Mayor, and KATHRYN HAUTER, .... City Clerk of the City of Aspen. = Witness my hand and official seal. fl • • My commission expires: • . .• - Notary Public • q• i c r', yc n z.�_tJ 1.. .1,..1;. CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS • THIS DECLARATION is made this 91h clay Of Not'o"'i;>t'r 1976, by CENTENNIAL PARTNERSHIP No. 1, a Colorado limited partnership. .I 1. DEFINITIONS. • 1.1 Declarant. "Declarant" means Centennial Partnership No. 1, a Colorado limited partnership. 1.2 Declaration. "Declaration" means this declaration • and supplements thereto, if any. 1.3 Real Property. "Real Property" means that certain land situated in the City of Aspen, County of Pitkin, State of Colorado, more fully described in Exhibit A attached hereto and made a part hereof by this reference. 1.4 Building. "Building" means any building improve- ment comprising a part of the Real Property and containing I Condominium Units, .as shown and described on the Condominium Map and any supplements thereto which may be filed in the Pitkin County records. 1.5 Project. "Project" means the Real roporty and all Buildings and other improvements now or hereafter located III on the Real Property. . 1. 6 Condominium Map. "Condominium Map" means the I Condominium Map for the Clarendon Condominiums filed or to be filed in the records in the Office of the Clerk and • Recorder of Pitkin County, Colorado. The Map may be filed for record in whole or in parts, sections or supplements, as construction of the units and other improvements are sub- • stantially completed. fe?°!ap (or. any part or section there- of) depicting units shall not be filed for record unti. he l building i.n_which the_unzts are located has been subs t:�zttia1ly 1 completed in order to permit file location j Leof, both hori_z no tally and vertically. Each such Map shall be filed for record prior to the conveyance of the condominium units I shown thereon. Each such Map shall depict and show at least the following: the legal description of the land and a • survey thereof; the location of the buildings; the floor and. elevation plans; the location of the unit within the building , both horizontally and vertically; the thickness of the I common walls between or separating the units; the location of any structural components or supporting elements of a building located within a unit; and, the unit designations and the • building symbol. Each Such Kap Sh ill contain t.`a f'eii-i-cate that the Map substan- of e, .regis�cred lan_d_surveyo_r. certi`ti•�.ng_t�< tially depicts the location and the horizontal and vertical measurements of the units, the unit designations, building J I <] symbols, ceilings as constructed, the een vations of the unfinished floors and that such Map wan prepared subsequent to substantial completion of the improvements. In inter- preting the ['.gap, the r ;.i.stine- physical boundaries of each separate unit as constructed shall be conclusively presumed '+ to be it.., t its boundaries. Declarant reserves the right to amend 1 the Map, from time to time, to conform the same according to the actual location of any of the constructed improvements and to establish, vacate and relocate oclte easements, access road easements and on-site parking areas. 1.7 Individual Space. "Individual Space" means an individual air space unit as herein mere particularly defined. An Individual Space consists of enclosed rooms' occupying part of a Building. Each Individual Space is shown on the Condo- minium i4ap and is id_nEi.fiedth_enao __� h ;_number. The boundaries of each Individual Space are shown on the Condo- minium Map by heavy lines along the walls, floors and ceilings which mark the perimeter boundaries of the Individual Space. The exact boundaries of an Individual Space arc the interior surfaces of such. foundations, ,walls, floors and ceilings which mark the perimeter boundaries and where found along • such foundations, walls, floors and ceilings, the interior surfaces of built-in fireplaces and of windows and doors irk their closed position, and the Individual Space includes both the portions of the Building so described and the air space . so encompassed. Any Common Elements, as hereinafter defined, which may be_wi thin an Individual SP_ace mall not be par__ of the Individual Space or owned _by the Owner of the Condominium Unit, as hereinafter defined, of which the Individual Space is a part. 1.8 Common Elements. "Common n Elements" means all of the Project, except the portions thereof which constitute Individual- Snare, and shall include any part of any .Building ' or fixtures which may be within an Indivi- dual or any facilities within dual Space which are or may be necessary or convenient to the support, existence, use, occupancy, operation, maintenance, repair, or safety of any Building or any 'part thereof or any other Individual Space therein. Without limiting the general- ity of the forergoing, the following shall constitute Common Elects: (a) all of the Real Property; (b) all foundations, columns, girders, beams and supports of any Building; (c) all exteri o l s of any Building, the main or oea__i-ri• s any Builair+ the main or bearing s�,�pi'I-OO_'ing and the within a :, roofs of any Buildi.n`-,; (d) all entrances, exits, exterior storage spaces, stairs stairwa;, s, landings and fire escapes not within any Individual Space; (e) all service and rr.ainte-- nance areas, spaces, fixtures, apparatus, installations and faEilities for purposes of power, light, gas, telephone, television, hot water, cold water, hen tirr;, refrigeration, incinerati on, trash mashing, cr simila_r u-cilit:.cs, including furnaces, tan'Cs, • urpa, motors, fans, compressors, vents, ducts, flues, wires, pipes, conduits and other .>.:r.ilar tures, anpara'tus, installations and facilities, provided they do not exist solely to serve an Individual Space in which they may be located: and (f) `_l l recreation ion ar s, open space, landscaped areas, walkways, parking az e iTanu—8r!ve;;ays. -2- • 9 Condominium Unit. "Condo:r,i m Unit" means an . . _ii di dual Space to ether with the unC_•'vlded interest in the Common Element:: appurtenant to that Individual Space. The undivided interest in Common Elements appurtenant to each Individual Space is set forth hereinafter. 1.10 Own^r. "Owner" means the person or persons or entity or entities, including Declarant, who own fee simple title to a Condc:niniumr. Unit. The term Owner shall not in- elude the owner or owners of any lesser estate or interest. 1.11 G9ent. "Guest" means any employee, tenant, • guest (whether or not for hire) or invdtee of an Owner; and 1 any person or entity who has acquired any title or interest, less than fee simple, in a Condominium Unit by, through or under an Owner, including a lessee, licensee or mortgagee and any employee, tenant, guest (whether or not for hire) or invite: of any such person or entity. . • 1.12 P:ortmmaPjee. "Mortgagee" means any person or entity who is a. mortgagee under a recorded mortgage or • a beneficiary under a recorded deed of trust or the holder . of a similar recorded security instrument cncu:nberi rig a Condominium Unit. "first Mortgage" means the . Ortga?ee under the first and most senior of all recorded mortgages, deeds of trust and similar instruments encumbering a Con- dominium Unit. 1.13 Association. "Association" means the Clarendon J Condominium Association, Inc. , a Colorado corporation not for profit, its successors and assigns. J — 1.14 General_ Common Elements. _"General_ Common J Elements" means all Common Elements except Limited Common Elements, as hereinafter defined. I 1.15 Limited Common Elements. "Limited Common Elemen ts" means any portion of the Common Elements desig- nated herein for exclusive use by the Cwner of a particu- lar Condominium Unit. Each patio or balcony • nnccted to an IndiAi.dual Space is hereby designated for the exclusive use of t'ric. Owner of the Condominium Unit to which ouch natio or balcony is connected. As used in this Article, balcony 1 and patio shall include only balconies and patios which are accessible only from one Individual Space. 1.16 E'o:'.nt` ntt_.a" are numerical .lures asmiVned to each Individual Space to f :? ix ne nropor•�ior._:. e interest of the Owner of that individual. ;pace in Common i lcments, the proportionate voting power of that Owner in the Asso- ciation and the proportionate share of the total assess- ' rlent levied by the Association to be borne by that Owner. The Points assigned to each Individual"Space are set forth _/ ry in Exhibit B attached hereto and made -part hereof set this `��X �7 reference, and represent the number of square feet of floor r contained in :.:_c.. uch lr.( iVi'lu�al Space._ I a mace U. =— — _ 1. 17 Total Pons. "Total. Points: means the sum of all the Points assigned to each Individual Space in the Project. 1 -3- : . I • [ • II. fiECL!,RATTON APT) EFFECT THE!:E0F. 2.1 Declaration. Declarant for itself, its successors and assigns, as owner of the Project, hereby declares that • the Project shall at all times be owned and held in condo- . minium ownership under the Condominium Ownership Act of the State of Colorado and shall at all times be owned, held, nsed, and occupied subject to the provisions of this Declaration. 2.2 Division into Condominium Units. The Project is hereby divided into Condominium Units, each consisting of a separate fee simple estate in a particular Individual Space and an appurtenant undivided fee simple interest in the Common Elements. The undivided interest in Common Elements appurtenant to a. particular Individual Space is a fraction, the numerator of which is the Points assigned to that Indi - vidual Space as shown on Exhibit B hereto and the.dencminetor of which is the Total Points. Each Owner shall own his appur- tenant undivided interest in Common Elements as a tenant in common with all other Owners. 2.3 Descrintion of a Condominium Unit. Any instrument • affecting a Condominium Unit may legally describe it by rcif- erence to the identifying Condominium Unit number shown on the Condominium Map. This identifying number for a Condo- miniwn Unit in the Project is the number on the Condominium rap identifying the Individual Space which is part of that Condominium Unit. A legal description of a Condominium Unit in the Project may be in the following form: Condominium Unit , The Clarendon Condominiums, City of Aspen, Pitkin County, Colorado • and any conveyance or other instrument affecting title to a • Condominium Unit or any pnrt thereof shall be deemed to in- clude and dese-ribe the entire Condominium Unit including the appurtenant undivided interest in Common Elements and all of the rights, easements, obligations, limitations, encumbrances, • covenants, conditions and restrictions benefiting or burden- ing the Condominium Unit under the terms of this Declaration. Any reference to The Clarendon Condominiums in any des- cription shall mean The Clarendon Condominiums according to the Condominium Mao and this Condominium Declaration, both as filed and rocorciod in the Office of the Clerk and Recorder of Pitkin County, Colorado. 2.4 Duration of Condominium 0?inerFhin. The condominium ownership of the 'eroject created under this Dc.;:laration shall continue until this Declaration is terminated or revoked as hereinafter provided. 2.5 inseonr:Chilitv. The separate estate in an Indivi- dual Space and the appurtenant undivided interest in Co-, on • Elements which constitute a Condominium Unit shall be in- separable for the period of condominium .ownership herein- , above described. 2.6 Partition not Permitted. The Common Elements shall be owned in common by all Owners, and there shall he no judi- cial or other partition of the Ce-,-on Elements, or any part -4- • - -;• •• • ., . ' . ' , . . thc4„...... ,f, nor shall, any Owner bring ar nction seeking parti- tion thereof. 2.7 Ad valorem Tay.ntinn. Al]. taxes, assesments and other charges of the State of Colorado or of any political subdivision cr of any special improvement district or of any other taxing or assessinp.; authority shall be assessed against and collected on each Condominium Unit separately and not on the Build inc!: or Project as a whole and each Condominium Unit shall be carried on the tax books as a separate and distinct - parcel. For the purpose of valuation for assessment, the • valuation of the Common Elements shall be apportioned amon.P., the Condominium Units in proportion to the fractional undi- , , • vided interests in Common Elements included in such Condomin- ium Units, The Association shall deliver to the County Assessor-of Pi thin County, Colorado, a written notice as required by the Condominium Ownership Act of Colorado, set- ting forth descriptions of the Condominium Units and shall furnish all necessary information with respect to such an- portionment of valuation of Co-non Elements for assessment. The lien for taxes assessed to any Condominium Unit shall be confined. to that Condominium Unit. Pc forfeiture or sale of any Condominium Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affett the title to any other Condominium Unit. • 2.8 r::echanies Li ens. No labor performed or materials furnished for use in connection with any Condominium Unit with the consent or at the request of the Owner of such Con- dominium Unit or his agent, contractor or subcontractor shall create any right to file a statement of mechanic ' s lien _ • against the Condominium Unit of any other Owner not expressly consenting to or reouesting the same- or against any interest in the Common Elements except the undivided interest therein included in the Condominium Unit of the Owner for whom such I labor shall ha'ne been performed, or such materials shnil have been furnished. Each Owner shall indemnify and hold harmless each of the other Owners from and against liability or loss arising from the claim of any lien against the Condominium Unit, or any part thereof, of such other Owner for labor per- formed or materials furnished for usc in connection with the first Owner's Unit. At the written request of any Owner the Association shall enforce such indemnity by collecting from . I the Owner of the Condominium Unit on which the labor was per- formed and/or for which the materials were furnished the amount necessary co discharge any such lien, including all costs incidnntal thereto, including attorney's fees. If not .1 promptly paid, the Association may collect the s:-Lm in the manner provided herein for collection of assessments for the purpose of discharging the lien. III. VARIOUS RIGHTS AND EASEEETS. 3. 1 Owner' s HiL,hts in Gencrl CO 70 ,,-rents. Subject I to the provision of this Declaration, each Owner and each Ownr,r' s Guests shall have a nonexclusive right to use and en- joy the General Common Elements for the purnoses for which they are intended , provided there is no hLndrance or encroach- ment uoon the lawful rights of use and enjoyment of other .1 I -!)-- ,1 J Owner .nd their Guests as described ix ;is Declaration and the rules and regulations of the Asseci ion. 3.2 Owner's Ri_yht_s in Limited Common Elem.cnti. Subject to the provisions• of this Declaration, each. Owuer and each Owner's Guests shall have an exclusive right to use and enjoy the Limited Common Elements included in the Condominium Unit owned by such Owner. 3,3 Owner' s Ri.r1 hts in Individual Space. Subject to the provisions of this Declaration, each Owner shall have full and complete dominion and ownership of the Individual Space which is part of the Condominium Unit owned .by such Owner and each 1 Owner and each Owner's Guests shall have the exclusive right to use and enjoy the same. . Each Owner shall have the right to paint, repaint, tile, wax, paper and otherwise refinish and decorate the interior surfaces of the walls, ceilines, floors and doors which are or are within the boundaries of his Individual Space. /` 3.11. Association Ria.hts. The Association shall have a . nonexclusive right and easement to male such use of General Common Elements as may be necessary or appropriate for it o perform the duties and functions which it is obligated or per- mitted to perform under this Declaration, and a nonexclusive right of entry, after reasonable notice to the Owners, durins. reasonable hours, into such Limited Common Elements and indi- vidual Spaces as may be necessary for the operation Of the Project or for making emergency repairs therein necessary to prevent damage to any Condominium Unit or to Common Elements. - 3. 5 Owner's Easements for Access_Sa"'rort and Utilities. Each Owner shall have •a nonexclusive easement for access be- tween the Individual Space which is part of. the Condominium Unit of such Owner and public roads and streets , including, without' limitation, over the recreation areas, open space, rr driveways, and any other landscaped areas, parking areas, t exterior access and/or other easements which are part of the Common Elements; each Owne '.' 1 "" "' nonexclusive easement in and over Common Elements, in clUdlnl COmmo "1 nts w1 .:.1?.n n lvi ua Space or another Owner, for horizontal and lateral suupo.'L he Individual Space_which is :: of his GOndO.T.1n1Lllft Unit and for utility service provided To that Ir:dVlOL'.al ,ail.: E. 1'?ZrfQC:TrIZ;'`Yatci , sewer, gas, electricity, telephone and television service. 3.6 Easements for_ner0ac;,_e: _ I-' �:n':� part of the Cbremon Z.1.emC-n-i purr oachcS 1•,.1:cr&cf ter encroach upon an Individual pace_ n easemen_t__:(_o.c. ua-'•—eneroacllment and for the maintenance of the same shall exist. I_s• any .part of o any Individual Space encroaches shall hereafter encroach upon the Common Elements, or upon another Individual Space, the Owner of that Individual Space shall have an easement for of the same. Such such encroachment and for t11.:�maintenance •• encroachments shall not be considcrc(i to be encumbrances either on the Common Elements or on Individual Scooces. En- croachments referred to herein include, but are not limited to, encroachments caused by error in the original on = r c- tion of any Su' ldin,g, by error in the Condominium .ap, by settling or shifting of any Building, or by chan._LS in -6- • • ,. . . . ' on caused by repair or reconnt tion of the Project or any‘-lr. rt thereof. 3.7 Eaeoments- in Indiv5dual Snecc for Ren.nir rninte- , . nance and P.mer_ancIes. Swie of the Common ilements are or may be located within an Individual Space or may be conven- iently accessible only through an Individual Space. The Association shall have an easement for access through each Individual Space from time to time during such reasonable hours as may he necessary for the maintenance, repair or replacement of any cf the Common Elements located therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Llements or—to another Individual Space. • 3.8 Nefy.liErence or Wilful YAsconduct. Any damage to any Condominium Unit caused by the negligence or wilful miscon- duct of the Association or any of its agents during any entry into any individual Space shall be repaired by and at the ex- pense of the Association. 3.9 Right :to Combine Condominium Units. Subject to the (I following provisions, an Owner shall have 517a_ ha_aom- bine a Condominium Unit with one or more adjoining Condcm1n- 342_JajlInits. DecThrant, and any ,,urcesCr775F77.7.57EYof Dnclar- ant who has succeeded to substantially all of the assets and business of Dec)arant, shall have the foregoing right without the necessity of approval by the Association. Any other Owner shall have such right only after obtaining written approval from the Association. A. combination of Condominium Units shall become effective—_ oniy_when the Owner of the Condominium Units which are to be combined executes and records in th-c5 Office of the Clerk and Recorder of Pitkin County, Colorado, a written statement describing the Condominium linitsilc.t.d._ iind_cifalaring. the thatrIfia_same_ara combined. In t event of such combination of Condominium Units, the Individual Spaces of each may be deemed one Individual Space and the undivided interest in Common Elements appurtenant to each of the Individual Spaces so combined may be deemed combined and, as combined, appur- tenant to the on enlarged Individual Space which rcoultc from the combination. In the event of such combination, any part of the Building within the new perimeter boundaries of the combined Individual Spaces shall cease to be Common Elements if such part of the Building would not have consti . tilted Common ilements had the combined individual Spa,-;Cs been I originally desi,2:nated on the Condominium map as a sin-lle in- 1 dividual Space. The number of Points allocated to cues 'pined Condomin Unit shall equal the sun of the Points nreviously allocated to each. Condominium Unit co co!rit)incd. 3.10 FartA.ti.on of Inriiviclual ST)acc Prohed.. . No Owner shall partition or subdivide any Condominium Unit so as to convey to a prospective Owner an ic,terest in less than an i entire individual Space; provided, however, that an Owner of a Condominium Unit consisting of two or more Condominium Units combined pursuant to Article :3.9 may partition and sub- divide such Condominium Unit into Con6ominidm Units conforming to the dimensions of the Individual Spaces described in sue Condominium :,ap defined in Article 1.5 hereof. An Owner shall: • I . -7- .4 j . • . have right, if such Owner owns tWoef.Ajacent Condominium -Units, o create a doorway between thc dividua1 -Soacs in any common wall. This Article is not iAended, however, to prohibit joint or common ownership by two or more persons or entities of a Condominium Unit. • • 3. 11 Other Liens Against General or Limited Common Elements. No additional liens, other than mechanics' liens, assessment liens or tax liens, or any other specific liens specifically provided for herein, mey be obtained against the general or limited common elements in which a Unit Owner has a percentage ownership. • IV. CERTAIN RIGHTS AND OBLIGATIONS OF TEE ASSOCIATION. 4. 1 Association as Attorney-in-Fact for Owners. The Association is hereby irrevocably appointed attorney-in-fact for the Owners of all Condominium Units and each of them to çcomoneroso manages_c■L_L,_■:_ c_ ea wi-n -ne interest of such OwnPr in Permit the Association tp fulfill duties a ions hereunder and to exercise all of its rights hereunder; to deal with the Project upon. . its destruction or obsolescence as hereinafter provided; and to deal with and handle insurance and insurance proceeds and • condemnation and condemnation awards as hereinafter Provfded. The acceptance by any person or entity of any interest in any Condominium Unit shall constitute an appointment of the Association as attorney-in-fact as herein provided. 4.2 Common Element i.aintenance. The Association shall be obligated to Provide for the care, operation, management, • -17717.717tenance, repair and rep acemen- _ . the generaIity-uf-1.7f0'regoing, sa..cd- obli- gations shall include keeping the Common Elements in good, clean, attractive aTdSanitary condit-_or-77ior and repair; remoinng snow and any ether materials from the Common i.;lements to permit access to the Project and to the Individual Space of each Condominium Unit; keeping the Project safe aiIra.etive and maintained in a manrir-- cre-s-i7Trab-le'-a-s--aFe-siciential commu- nity; and making necessary or desirable alterations, additions, betterments or improvements to or on the Common Elements. 4. 3 Other Association Functions. The Association may undertake, or contract for any lawful activity , function or service for 'the benefit, or to further the interests, of all, some or any Owners of Condominium Units on a self-supporting, • special assessment, or common assessment basis. Such activi- . ties, functions or services may include the providing of police or similar security services, the providing of firewood, the providing of legal and accounting services necessary or desirable in connection with the operation of 'the Project or the enforcement of this Declaration, and trash collection, sewer service and other common services. If such functions or services include furnishing or providing services for the care and maintenance of Condominium Units or the renting, leasing, purchase, sale or exchange of Condominium Units on behalf of Owners, no Owner shall be required to utilize the • Association for such services and all costs and expenses shall be charged to the Owners who utilize such services and not to any other Owners. • -8- • • . _ 4 i _ s, The "aC ation may obtain and aLbor 'lru e,•� ice, l pay the services of any pernon or t.'. '..`r to manage its affair, or any part thereof, to the extent it deem: .dvio _- ' the services o f such other personnel as Inc Asso- ciation well as :�., . ciation shall determine to be necessary or desirable :.or the proper operation of the Project, 'whether such personnel. are furnished or employed direC'i.ly by the association or by any person or entity with l''}lom or which it contracts. No change in such person or entity shall become effective until thirty (30) days after written notification of such change (net , including any change in employees of a corporate entity) .s sent to any First Mortgagee whose name and address is express- ly ly provided in the recorded mortgage, deed of trust or other lien. • 4.5 Per;onal Promert'! of Association, The Association and hold tangibl and intangible personal property may acquire nr tangible . of the same by sale or otherwise. SLID ject to and may dispose c "t � a. each Owner and - the rules and regulations of the Association, ,nr re er Up e!1 •t rmi nation each Owner's O u,, is may use such p I ty• _ of condominium ownership of the r'ro jest and `}i; sol `f`, a 'i G'" of t'1.1 Fe es t in any such property shell l Association the beneficial interest ., ''`' be deemed to be owned by the then Owners n the same proportion as their respective interests in the Coy Imon Elements. 4,6 Ryles and lotions. The Association may make and enforce reasonable and uniformly _spliod rules and "e;l;ulat V. no governing the use of individual Space an cf Common ;; ;men s } regulations may, without limitation: (: ) regu- late use of Common Elements to assure equitable use enjoy- ment by all persons entitled thereto; (b) require than draecr- les, shades or other window coverings shall present a uniform 1 — t } . ld_ng; and attractive api)ealFZr7Ce from the exterior of the and (c) assign particular portions of storage areas within the Common Elements for exclusive use by Owners of par titu- lar Condominium Units. The Association shy;.. l furnish each Owner with a written copy ,of each and every rule or regulation adopted pursuant to this Article 4.6; however, failure to furnish said copy shall ' not be deemed to invalidate said rules or regulations to any extent. The Association shall have the right to enforce any of the rules and regulations of the Association,on, the ob)-i. at1.one this Declaration or an`, oroi'_sle;l e the of any Owner under `• ., _e,.r, ;; e 1 r h..n').ng the ..;sociatior. fin Articles U_ ): ._: _ � ni)'L O.'arsu C!? Owner to S l suspe;10 th ra.a.. against he recreational Owner lLCom o c �rr_`.at .t_cnal Coy:r.on �lc::n.cnc� <,rd;cr• :,�usp= •,, r' use the Owner.. - csoeiation sinner to vote at metro of the Of such � � - pro- vided that any such fine may not exceed .. sum of �v:U hundred dollars (!.;1200,00) per violation and such use and/cr `eti;,g edc for a period ),cr._:c- than thirty st'.spenslor, may not be inlpos _ any such fine posed on an (30) day per violation. If `,� within e by the Association is not paid by said C' :nee Owner Owner h. . receive from the Asso- ciation(CO) days after said Owner :�..� received.. � then ciation written notice of the imposition of the amount fine, ;' such fine shall be added to i0lh"l t GI ^c' the amount of � ,;, ,_• fir, ;,_ to caid Owner er.).1 8 regular .>a- �,lent charged � •sa_u ,:•cL ,:.:•_ ••, -.• I ruy�Ii ;zsS..., .• t ! forceable as an Assessment in accordance with . ' r'•a•- hereof. No penalty may be Imposed under this paro rap} 'until --9- 1 ., the Ow,_. .r accused of any such violation : been afforded the right to have 1 hearing before tne Hoard °CI Directors of the . Association or a corm :tce designated by the Huard. to conduct ..,u.... hearing, or has, in writin: waived such right. Each such Owner shall have the right to be heard in person, by sub- mission of a written statement, or thrOLeh a spokesman, at any such hearing. The Association m y also tah:e judicial action against any Owner to enforce compliance with such rules, regulations or other obligations or to obtain damages for non- compliance, all to the extent permitted by la.,. •'T First e us( i. The Association shall I have no first of list refusal or the authority to impose other restrictions concerning the sale or lease of a Condomin- ium Unit Cr any other restraints on the free alienability of . the Unit, except as otherwise provided for herein. .h IIII 1lr;d l!:1 gilt; The Association shall have and may exercise any right or privilege given to it expressly by this Declaration, o.. r.•ea.:onably to be implied from the prova.sion. Declaration, of this Declaration, UL' given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. a V. THE ASSOCIATION. ' 5.1 Cene"Oi _rill=f)oses and Powers. The A soc_.ation has been or will be inccrpora ted 'to be and constitute the Associa- tion to which reference is made in this Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as he is an Owf*er, shall be a member "J of the Association. 5.3 L;na_'d U i.' D.i rec tors. The affairs of the Associa i6ii shall be fan ;ed cy a Uoard of Directors which may by resolu- tion delegate any per tion of its authority to an Executive l Committee composed of not fewer than two Directors. Members of the Board of Directors shall be elected annually by Owners. The number and qualifications ifi.cations of Directors shall be as pro- On and ;yl a,; of so- vidcd i.: the-. Articles of l�nco;:•r)cr�. l �:a :s Ga the Asso- ciation. All of the Directors shall he Owners of Condominium. Units except those Directors who arc C1CC' Cd while Declarant is the Owner o' tare,- or more Condoniniu d Units. 5.4 •_n._ _n r e ( . ---e-s Each Clyne,- bail have one voto for each rtassigned to his Condominium Unit provided tit, so long as Declarant is the Owner of three or more Condominium Units, Declarant shall have the right to elect two-thirds (2/5) of the members of the Board of Directors, e shall J liv t hree votes .`Or• each Point . .;_nned to its Coe''omin_u" Unit. for ;,u.rpo ce of voting on all o ih`r matters which may be voted upon b''V the Owners. .s. Unless othc:rwisc provided in the Articles Of .Incorporation or :y laY:s of the Association, voting by proxy shall be permitted. In the event of multiple - mi lt: : a O :: ers of the same Condominium Unit, the 'u_ tin_c Owners shall 1 share the ve i.(1.. - ned to the Coad;minit:!n Unit so o`. ned in ' interest as fee .elm"lc title do the the :32:!'�lt: l)rOpOr t10.^.a;,C ., Condominium Unit in held. Subject to Dsclarnni-' s voting . above .�.:t forth, at any election of the members of rights �_.� . -10- .- . • • . the ird of Directors of the Associa n, every Owner entitled to vete may cumulate his votes and give'ouy cr%o or moro cnndl- dates a numbor of votes equal to the number of votes said Owner may cast multiplied by the number of Directors to be elected. The right to vote may not be severed or separated from any Condominium Unit, and any sale, transfer or convey- ancb of any Condominium Unit to a new Owner or Owners qhall operate to transfer the appurtenant voting rights without the requirement of any express reference thereto. 5.5 Notice :. Each Owner shall be entitled to notice of any meeting a which such Owner has the right to vote. Notice:: ! of meetings shall be in writing and shall state the date, time and place of the meeting and shall indicate each matter to be voted on at the meeting which is known to the Association at 1 the time notice of the meeting is given. such notices shall be given' not less than ten ( 10) nor morn than fifty ( W) days before the date of 'the meetins. Any notice shall be deemed given and any budget or other information or material shall be deemed furnished or delivered to a 1-) rty at the time a copy thereof is de;:osi.Lcd in the mail or at a teleraph offcc, postage or charp:cs prepaid, addressed to the party, and in any event, when such party actually receives such notice, in- , formation or material. Any notice, information cc' material shall be deemed properly addressed to an Owner if it is ad- dressed to the name and address shown on the most recent writ- ten notice of name and address, if any, furnished to the Asco- ) ciation by such Owner or, if a name and address is no: so ) furnished, if it is aedressed "To the Owner" at the address of the Condominium Unit of such Owner. 1 _ 5.6 Record Date. The Board of Directors of the Asso- ciation shall have the power to fix =in advance a date as a record date for the purpose of determining Owners entitled to notice of or to vote at any meeting or to be furnished 1 with any budget or ether information or mPtPrial, or in order 1 to make a determination of Owners for any purpose. standing any any provisions of Article 5.5 hereof to the contrary, the Owners existing on any such record date shall be deemed • . the Owners—for such notice, vote, meeting, furnishing of in- ! formation or material or other purpose and for any supple- mentary notice, or information or material with respect •:o the same matter and for any adjournment o:[ the same meetin . / A record date shall not be more than fifty (50) o prior 1 - to the date on which the particular action requiring deter- . mination of Owners is proposed or el:pectud to be -,.:aen or to occur. If no record date is established for a meeting, 1 the date on which notice 01 such meetin is first ;..:ven to any Owner shall be deemed the record date for the meeting. 5,7 Quo::: :m . The presence of Owners who hold votes ecual' to one-thil'd oh the total voting -pevi,,r 0.T. --,-. 0 ;.s:so- ) ta--Pcrson-or DY ProxY. ,7!,=, a .:ec.:,.:_irn,::;___1.0 co.-Is:Lc-ler a matter shall constitute Cl quord:1 for eun:iideratIca of that matter. If a Quorum is established for consderation of a matter, except as a greater percenta ;d of votes is re- 1 quircd under a specific provisJ.cn :).-r Mi.:: .1-.:oclaraion, and subject to Declarant.' s voting rights a: ;,,::t forth in Article a maj_prity of the votes CO '',t on the matter or, in the ease of (,lec'Lions in which there are more hen twf- candidatcs, a plurality of votes cast, shall decide ':.he matter. I -11- 1 .1 . .. .00"N. .. Articic2s of Incorporation and jaws. The—purooso- ad powers of Li e Association and the rfL:s :.nd obliat.ions with respect to Owners as members of the Association set • forth in this Declaration may and :;hall be amplified-by pro- visions of the Articles of Incorporation arid bylaws of trlf- Association, including any reasonable provisions vlith resoect to corporate matter:, but in the event that any such provi--% • - sions may he, at any time, inconsistent with any provision of i• this Declaration, the provisions of this Declaration shall • govern. • . • VI. ASSESSENTS. . --•.: --: o..H • 6.1 ASCC5ENIent . Each Owner shall be obligated to and shall, pay to the Association amounts as hereinafter pro- vided based on each Point assigned to the Condominiom Unit of such Owner, which amounts are herein called Assessments. Assessments shall include Regular and .Supolementary i:'sess- • aunts. • • Subject 'to the provisions hereof, 'the Board of Directors of the Association shall have the power and authority to de- termine all matters in connection with AeEelnentS, •includilog, without limitation, power and authority 'to determil-w where, . when and how Assessments should be paid to the Association, and each Owner shall comply with all such determinations. 6.2 DetcrmimirtionQf Budgets and Assessments. The fiscal year of the Association shall be determined by the Board of Directors of the Association at their first meeting. Within thirty ( 30) clays prior to the commencement of each — fiscal year of the Association, the .3card of Directors shall . . . determine the total amount to be raised by Regular Assess- ments during such fiscal year. The amount 'to ire raised by . Regular Assessments for any fiscal year shall be tht -Imcw.nt . necessary to cover the costs and expenses of fulfilling the functions and ociigations of the Association in that fiscal year plus the amount necessary for the capital reserve fund for contingencies, exterior maintenance, replacements and capital improvements and plus an amount sufficient to pro- vide a reasonable carry-Over reserve for the next fiscal year. The amount 'to be raised by Regular Assessments shall include anoun to necessary to cover obliations madeln con- nection with, or contefnlated under, any previously approved budget. The tetal amount required to he rain,.2d by ac-:; ular 1 . . A,!scsfents for any fiscal period lnso than N full i..scal year snall be th total amount rcoyired to t_;n raised for the fiscal year determined as above multiplied by a fraction, the numerator of which is the number of day in the fiscal period and the denominator of which is the number of days in that fiscal year. To determine the total amount required 'to be raiF.ad by Regular ASSeSE0,1E:nt• , the Board of Director: shall prepare cr cause to be prepared and approve a budet for the fiscal year showim,,, in reasonable detail, the estimRted costs and ex- penses which will be payable in 'that fiscal year, tau amount necessary for the ca9ital reserve and maintenance fund, if any and for a reasonable carry-over reservo. :he board of Directors shall subtract from such estimted cots and -12- • ex-P.., es an amount equal to the antic surplus (ex:elusive of any reserve fpnjs; Lb IL to Assr2s:m)osts collected but no disbursed in thu fisc. l year immediately preceding the fiscal year for which such estimte ha:; been prepared. The Board of Directors shall furnish a copy of the budzet to each Owner. • If the Board of Directors fai1 to determine or cause. to • be determined the total amount to be raised by Regular As---ss- ments in any fiscal year, and/or fails to notify the Owners of the amount of such Reular issessments for any fiscal year, then any funds hold by or on behalf of the Association, in- , ! 1 eluding capital reserve and maintenance funds, may be used for the operation of the Project. Except as emergencies may reouire, Lh Association shall make no commitment or expenditures in excess of the funds reasonably expected to be available to the 1.2sociation In addition to Regular As.es_men:.b, the J:sociat,..n may levy Supplementary Assessments, payable over such period as the Association may determine: (a) for the purpose of de- fraying, in whole or in part, to the extent the amounts in the capital reserve fund are insufficienI: therefor, the colt of any construction or reconstruction, repair or replacement of the Project or any part thereof; (b) for the purpose of defraying any other expense incurred or to be incurred as provided in this Declaration; or (c) to cover the deficiency, in the event that, for whatever reason, the amount received by the Association from Regular Aseessments is less than the -amount determined and assessed by the Association. 6. Apportionment of Assessments, The amount of the Assessment for any fiscal period payable o the Owner of a Cc c"' Unit fe,- ,10)1 Point -Issiffned to such Ccnriminium Unit shall be computed by Leiri raised by AssesPmentl a fracZttg_ne numerator of which shall be one and the denominator of which shall be the Tota3 Points assigned to _al-lCondominiumli_ 7:77. fife111671 c t 17 or •the purposes of Assessments, Declarant shall be considered to own only the Condominium Units which haw! been cempleted (aod are entitled to be lawfully occupied) but not sold, and the Points assigned to Declarant shall ho computed on the basic of Condominium Units which have been completed but not sold. 6.4 Time_ fnr Ph,v:'!ents, The amount of any Aseassment, • charge, fine, j) naity or other :-1!!-,ont ith re's.:Docrk; to any Owner, or such Owner' s Guests or dc .iias unit, shall become due and noynole as spocifi.ed by the Eoard of Directors of the A!,:sociation a:1(1, in ..lny ", .) days aftcr anv notice of the amount; due as to acre Ls:JeEs!nent, char :2, fine, penalty or other amount shall have been lyre b:' the Asociation to ouch byes:, and sv udh -"-'j L bear interest at the rate of twelve (12) percent per annum from the date due and payable until paid. 6. 5 Lien for As!;ess:llent:; end gtheronts. If the Owner does not pLly seen Assesent or sun, or any Intall- ment thereof when due, the Owner :hall be Ideed to be in default and upon recording a notice of default duscrieing said Condominium Unit in the Office of the Ceunty Clerk, -1 . •T.'itkiunty, Colorado, the Associatiohall have a lien aains,•••••-auch Condominium Unit to secw-e :fment of anv Assess- . . 1 ment, Cl other amount due and owing to t-,13 Association with • respect to the Owner of that Cendominium Unit or with respect to such Owner's Gotits or Condominium Unit, plus intere-t from the date due and payable, plus all costs and expens,,s of collecting the unpaid amount, Including reasonable attorney ' s fees. The lien may be foreclosed in T.110 manner for foreclo- sures ofmurtgages in the State of Colorado. If any Owner is deemed to be da default ht-reunder and fails to cure such do- fault within thirty ( )0) days, the Association shall give written notification of such default to asy First ort,7.a.?-cc. of the Condominium Unit owned by such Owner whose nano and address i5 expressly provided in the recorded mortgage, deed or trust or other lien. 6.6 E0x,oncj Certificate. Upon payment of a reasonable . foe not to exceed : O.00 and upon written request of any Owner or any person with any right, title or interest in a Condominium Unit or intendin to acquire any right, title or interest in :J, Condominium Unit, the Association shall furnish a written statri:ment setting forth the amount of eu:aorts, charges, finc-s or penalties, if any, due of accrued and the unpaid with respect to the Owner of the Condominium Unit and such Owner' s Guests and the amount of the Assessments for the current fiscal period of the Association payable with resuoct to the Condominium Unit, which statement shall, with respect. to the party to whom it is issued, be conclusive :_lainSt 'Cl':2 ASSOCiatiOn that no greater or other amounts were then due or accrued and unpaid. 6.7 Liability of Owner- Du—here—, and T:ecumbranc-r,- _ The amount of any Assessment, charge, fine or penalty owing to the Association by any Owner under th-is Condominium Declara- tion shall be a joint and several obli. ation to the Associa- tion of such Owner and such Owner 's heirs, personalsrePresen- . tatives, successors and assigns. A perty aequirinl-r -fee simple title to a Condominium Unit •shall be jointly and severally liable with the fofmer Owner for all amounts which had accrued and which were payable at the time of thu acquisition of fee simple title to the Condominium Unit by such party withot prejudice to such party' s right te recover any of said amounts • paid from the former Owner. Each such amount, tc?_,,ether with interest thereon, may be recovel.cd by suit for a money judg- ment by the Association without foreclosing or waiving any lien securing the :::ame. VII. USE AND CIE.Y.:: P,ESTRICTIONS. 7. 1 Indfivi01)P.1 ST)ace _iletrictioi. Each individual Space chall be useu for residential pur000s only. :a) Indi- vidual Space shall be used at any t :;a for business or co:).- mercial activity 7.:.(u.!pt thaz, sujost 1:,:, '..ho rules and rec..u- lations of thc :,s20ciatio5, the Cv.,1r !:ay lf. auc2 or rent his Individual Space for private residential, living or sleeping nurposes and Dcol. rant, or its nominee, :,:-..y cue one or more Individual Spacez, a.; a modeI or display :::lit until all Condo- Iftiniwil Units ownd by Declarant arc 7, 2 Common 1,.:Hments Restrietions. ho Owner and no -14- ,., • . . . • Owne.. Guest shall obstruct, damaf,:e c :urrnit waste to any . • of the Common Elcmientn. No Ownor nnd 1:. ,:wncrs Cue hal ) change, alter or repair, or s!:oro anythih:•: in or on, anv of . : the Common Elements -without the prior written consent of he Association. 7. 3 No lmpb:ciln!: of Instwhn.co. No Owner and no Owner's Guests shall do anythinu; or cause anything to be kept in or on_ the Project which mir•ait result in an increase in the insurance premiums of insurance obtained for the Project or which mii:7ht cause cancelion of ':1;101 insurance, without the prior writ- . ton consent of the Association. :. i •-.-:-. • . 1 . ?.4 No Vi_olation_ of Law. No Owner and no Owner's Guests shall do anythinucr keep anythirj, in or on the Project which would be in violation of any statute, rule, ordinance, res.u- lation, permit or other validly imposed reouirement of any governmental body . 7.5 No_No:.,:ipus,_ ffensiveardous or, Annuin _Acti- vitics. No no::. ous or oliensivo activity shall be e::.r-ied on upon any part of the Project nor shall anything eo done or plard cn Of in any part of the l=roject which is or -,T,Fly heco:ne a nuisance or cause embarrassment, disturbancc or ann0yanc4 1..o • others. No activity shall be conducted, and no improvements shall be made or constructed, on any part of the l'roect which are or might be unsafe or ,rd003 to any person or property. No sound shall be emitted on any part of the 1-rojsct 1 which is unreasonably load or annoying to others. 'No ode.- shall be emitted on any part of the Project which in noxious or offensive to others. No light shall to emitted from any I _ part o the Project which is unreasonably bright or causes unreasonable glare. -- • Determinations with respect to whether or not a particu- lar acti7ty c - occurrence shall constjtute a violation of i . this Article 7.5 shall be made by the Board of Directors of the Association and shall be final. 7.6 No NnsiP:htlinoss. No unsightliness shall be per- mitted on or in asy pal.t of the Projoct. Without lf,mitin7 the generality of the foregon , nothin shall be kept or stored on or in any of the Common Elements, nothing snail ho 1 hung or pieced upon any of the Common Elc.:f:::nts, nod not,hir. shall be placed on or in windows or doors of i.nuivido. • Spaces which would or might create an unsightly apperonce. ) Determinations with rospect to whethor or not a ear'..i cular activity or occurronce shall constituts a violation of this Article 7.6 shall be mi.-,de by tho Board of Directors of the Association and shall be final. t 7.7 Re,::tr*c-i. on_on_ . Po sif:ns or F)dvertlin(s, de- vicws of any fl:.:. 1.-c snail cc crectod er : 0 h1Ta11'iLl on eny part of the 'Prejoct without toe prior wr: n corie.:It. of ? ) the AssOciat011. The A:. ,:ociation :Mall pu:c!.;: t thc p-)_acing ; of at least ono slg,n of reasonable sizc: :-Ici Ci: nifi :1 for..7 to identify the i'roject and the ConCtomin U:1LT. thorcin. N0 thin,7 herein contained shall prohibit or restrict in any .,. . way the Declarant' s rihu to construe,. !.; :l t.)10:,010--- signs or other !:;a1c,s aith3 on or about any portion of the 1 -15- • ..1 . .1 . . . . , - .,, ••N • . • Project which it shall deem reasonably n .:ssnry in connection . . with its sale O.I. Condominium Units. 7.3 Ant :las. flu radio, television or other type of antenna shall, without the written consent of the Associa- tion, be installed or maintained on the roof or exterior of any Bulidinr in the Project. • • 7.9 F..aintennee_ofihd .dual.jinace.. Each individual , ' Space and all improvements, firturcs, furniture an ecuipment therein shall be kept and maintained by the Owner thercof in . a clean, safe, attractive and sightly conditisn and in rood . . . -.•- ••, -••, repair. fib structural alterations within any Individual Space shall be made and no electrical,. plumbing; or similar . • . work within any I(•.dividual Space shall be done without the prior written consent of the Association. 7. 10 No...Violion_of FNIC2. No Owner' s Guests shall violate the rules and reulations adopted from time to time by the Association whether relatinr to the use of Son:?.omniem Units, the use of Common Elements, or otherwise , and viola- tions of the rules and regulations by any Owner' s Guests shall be treated as a violation by such Owner and shall be enforceable in accordance with Article 4.6 hezeof. ) 7. 11 Owner_Cnuned_Damage. If, due to the act or neglect of an ownc.r or such Owner' s Guests, loss or 6nmaze shall ha caused to any person or property, including the Project or any Individual Space therein, such C..ner shall be liable and responsible for the same e;:cept to the er.tent that such damage or loss i5 covered by insurance obtained by • _ the Association and the insurer has waived its rights of subrogation against such Owner. Thet---amount of such loss or damage may be collected by the Aseociation from cuch Owner, and such f:mohnt shall be secured by a lien on the Cendomin- ium Unit of such Owner in accordance with the pz.cvisiens cf Article VI of this Declaration. 7.12 Animr:ls. The Association ray by rules and regu- lations prohibit or limit the raisn , brcedinr, or 1:.t".,epiw.-; of animals in any Condominium Unit or on the Common hiements or any pert thereof. VIII. IURANCE. 8. 1. Inoun! ! ;Thhoire-,!,!n -. ! tall...,. ,:,!,-, A :..ociatt,n shall obtain and r,;:iir:tain in Cui.J. fo!:.c,,...,_-o.nu ot al; ail times corta1n casualty, liability an6 otne 11: uranco as hereinafter providud. All such insurance :,i-lall b:: obtainod, to the catcnt tble from rer.ponF:iOlc conies du:_y authorized to do ir.. urane business in enc Stt,,, of Colorado. All such insUr'?are :;!1:-d1 har!le -t,.,-. 11;:u1-(2d2. tie 1 :.).7,cciati.en, the Board of Djrw:to!7s o-.. the IJociaten, tan officers, employnos and .a.2:ents, and , if practicable, the Owners. All such insurance shall protect each of the insureds as if each acre L-, p;,trately insucd under sup:2.rat,e poLicies. To th.-:: ext2nt pol:::,3ible, such easul'i.y insurm ;.! (a) provide for a waiver of subroation by the ir.5.;urcr as to claims a!diinst 12,colarant, Cl o A!-;'.30c: ion, it::, director . officers, employees, and agents and against ouch Owner and -16- ' - o • . . • . . . . . . . , , . .cao..„. _Owner's employees and Cue,ots; . ., provide that the •o,,,, insurance cannot oe cancelled invalidnted oc su.;Penh on account of the conjuct of the ;,osociatoo, its officers, directors, employees and agents or of any Owner or ooch Owner' s employees or Guests; (c) provide thst ay no othr,r insurance" :o in the insuronee policy shall exclude an%: policies of insurance maintained hv an Owner or i+ierto;ace . and that the insurance policy shall not be brouht into con- tribution with Insurance maintained by aoy Owner or (d) contain a standard mortc,ap:,e clause endorsement in favor of tho i:lorta,?.,eo of any Condoolnium Uoit or part of the Pre,- ject except a 1,:ort;27,aiyic of a Condominiom Unit or part of the , Project who is covered by other and separate insurance; (e) provide that the policy of insurance snail not ho termi- nated, cancelled or substantially modified without at least 10 days prior woitten notice to the Jr,'.',ociat5_on and to each Owner and to each 1.!ortc;agee covered by any standard mort,7::;c clause endorsement; and (f) provide that the insurer 5ihall not have the option to restore the prEimises if condominium ownership of the Project is to be terminated An accordance ! . with the terms of this Declaration or the Project is to be sold in its entirety in accordance with the dra:truction, condemnation and obsolesce:he: croviudons of this Leclara- . tion. To the extent possible, public liatilli!:y and p000-,ttv dama ..' insurance shall provide for coverae of any cross liability claims of Owners against the Association or •other, Owners arid of tlidAnsociation ao:ains%: Ownors withoot r1,7-,ht of subroution. Any insurance policy oay contain such dedooti- ble provisions as the board of Dircetors of the Association deems consistent with good business practice. The Association shall obtain an independent appraisal . . of the Project every three years; pFovidod, however, that said appraisal may be performed by nil appraiser employed by an insurance company. Certificates of insurance covere or copies of :insur- ance policies shall ho issued to each Owner and cash Vort- gagee .who makes written request to the Assocation for any i • ' P1 ,. .'. , .r. copy ' g 1 insurance ,-,1 ' ,- , such certificate or ..opy of an p..._.1...) . . . Xn1 Y - The cost and expense of all insurance obtained by the :,, cl Association, except insurance covcrin ad,,litions, alterations or improvements rode to a Condominium Unit bo an Owner or i o A... r,, , , rno ,-. - the ,n0,,,-t of' ..,., ,,,,,,i , r,Th -:- .:-:_,) di other insurance eo,:r.l.i. — , , - . ._ ,. . .... , d -..,. ..,. ..- —_ ___, r• ql benefiting any particular Owner, shall be an oxoenoe of the . ,„,. . t Association. \ : 3,2 Cssualtv Insurance. The Aaccio.tion shall obtain and maintain casualty insoranes covering tno ore,-,ect bod each Condominium Unit co7cring _O or C:22.a, such othor hazards es aro covered cevcrao policieo, with vandaliom an,j r.l.clIcio ri2o.nir:f ' endorsements, an o , if available and if doeoed approorote • by the ,f,: :0CiatiOil, war ris:.-., for Th0 full iosu-able oelace.- 1 ment cost of the Project, including each Oond.c.miniom Uoit. f - At the option of the Association such inseranoo may also ...',\ , ,\ cover additions, alterations or improvbments ,.:n a Condominium JUnit made by an Owner if the Owner fC::;;Li... the I.ssociation Ii for any additional premiums attributable to such covero,e. 1 -17- ..] . , .0,•••:-.. , The A. ciation shall not be 0b1 3gatod 'apply any 'insur- ance proceeds to rostore a Con6omlaip::.. 't .: to a cendtion . better than the cohdiions ox in : pH or to t!il makinu of . . additions, hAteratiohs or improyomeaLn t,v an Owner in the absence of insurance coverina., uuch additions, alterations - or improvements as aforeaid. 8.3 Publj_c_Liahility and Property Damage insurance. The AssoeiaLion shall ob:.ain and maintain c:.,mrenensive , ; public liability and property damage. insurance coverin:: personal liabili property (impfTo liabillLy and aute:.,o- • . bile perspnal and property dam : e liability of the Associa- ., tion, its officers, directors, employees and ar,ents and of . • each Owner and each Owner's employees and GLIC2t:3, arising in connection with ',Tnership, operation, maintenanee, occu- . . • pancy or use of .he ,'reject or of any Co ndo!..linium Unit in the Project with limits of not less than :1 ,000, 000 for each occurrence involving bodily injury liability and/or property damage liability, 8.4 V.:-Y,'1-- -' ' r,win ,, "if, ;,1)1,1 '",--)1-. r,r'- _____._%....*.2'.::...L....L. !.2... ..'_.._.•_._.:. -:.:•_..-:2_.....- ,___::'..... .•....'__ insuranee. Tho Assooiation shall obtin and rr, intain work- r .7!Te ec7::aen,,ation and employer' s liability ir:..urance as nay be necessary to comply with applicable laws. 8.5 Insweane by Owners. Exccpt to the extent cover- age tberefor may be obtained by the Association and be 0atis- factory to an Owner, each Owner shall be responsible for obtaining insurance he deems deirable, ineluaing, without limitation, casualty insurance covers;; furnis;.:ings and personal property beloaging to that Caner and insurance covering personal liability of that Owner and that Owner'', _ employees and Guests. Any insurance-policy ootoined by an Owner shall 0.1 such that it will not diminish or adversely affect or invalidate any insurance or insurance recovery undor p .Leies carried by tae Asociatinn :.,nd. .7117:.li, 17') the extent possible, contain a waiver of the r5. .-ht Cf sub- rogation by the insurer as to any claim against the Asso- ciation, its officers, directors, a!,ents and employees and against ether Owners and their rnployees aril Gi.:. sts. A copy of any insuranhe policy obtained by an Owner shall be furnished to the Association. 8.6 1-(.:e -tpy.djnli.cnn"ofr::nc, Except as same particifj.ar person has a. ..1.eal r.i .h-. in ccive insurance proceeds di£ 02 all 1 ,..,., ; reccedo and recoveries shun be pa3d tc and y. c. ff.,,, li , th 1, 0- ciation. All lasc-fanee ,:,,receee or recovc.cies receivcd by th- Associati:m snail be applif...d by -t.. .: ::::ociinh: ft, as expressly provi,: ed elsewhere in this :.celaration; to the Owners or p,,rsons 'dies the Association !..cydetermine are le-gaily or egultd.bi:y cntitled th ; P. ..1 thli'd , bLilanec, if any, to Owners in proocrtion to their respective interests in Cemon Llements. 8.? Othar _innhrence by Acisocidtic.i. The Association shall have the powar or authority to obtain and maintain . other and additional insurance ceverae, iaclu2,ing eas..mity insurance eoverin perz:onal property od the Association, fidelity bonds or insurance coverinL: employees :- eel agen:. Cf the Association and insurance indemnifying officers, -18- . . - •. . . . . • . -dirc„ irs, employees and agents of th ssociation. - .•.. ._ •- 8.ii OWaerTjT.:corl Promicms. In '.ii, ev,-nt that, as a . - conBeconce o-C the ha.i.ardoss use of any Cencic=init ::: Unit, or - of any Owner-installed jmprovements to any Condomaium Unit, the, premiums of any policy of insurance ourchaccd by the Association are increased , or- n special policj is required, , the cost or such increase or spoclfic policy shall be payable by the Owner of such Condominium Unit. IX. DESTRUCTIC:-:, CO;;DINATION, OESCLESCLO.:::, ARD RESTORAT10 . . i OR SALE OF PROJECT. 9,1 Ce.rtain, Ilrinitions. The following terms shall havo the foilb•..:in!Y. definitions: (a) Subt:2,n1,ial_and Partal_D::?.sroction. "SubstOntial Destruction" shil. e:j.st whenever, as a result of any damac:c or destruction to the Project or any part J.eiLoi , the oAcoo:, of Estimated Ousts of *Restoration (as hereinafter defined) over Available Funds (as hereinfter defined) is 50 percent or more of the estimated -Restored Value of thc Project (as ( ' - ) ,.,,, ,. .. .. hereinafter defIned ) . "Partia- 1..,:..I.: a,..,....,n f„hal..1. mean fl), other damage or destruction of the Project or any part thereof. (b) Sul."):-itantf,,.al_ JA Partial Conomne'..Tion. "Subctntia) Condemnation" shall exist whenever a ccm!:.i.ete ta'thn:2-, •of the. Project has occurred or a taking of part of the Plojcet under eminent domain or by grant or conveyance in lieu of condu:nna- tion has occurred, and the excess of the Eotimated Costs of , 1 ._ Restoration over Ava.ilable Funds is 50 percent or more of the estimated Restored Value of the Prejmet. "Partial Condemna- tion" shall mean any other such taking by Ermerit domain or grant or conveyance in licu of eminent 6cmain. 1 (c) SOstantiaI and Partal Obscieseance. "Substantial Obsolescence' shaL1 exist whenever the• Projcot or any part thereof has reached such a state of obsolescence of disrepair . - . _ .. ( that the excess of Estimated Costs o..',. ;:estor,tion over Avail- able Funds io 50 percent or more of the estimatc:1 Restored Value of the Project. "Partial Obsolescence" shall mean any state of obsolescence or disrepair which does not constitult Substantial Obsolescence. (d) Pc.j.,,t.oration. "Restortion" , in the case of an,, damar;e or th:::trucon, shall soon rentoration of th,:: ojet l' to a cc:nciLtr;_c:-. thn :r!!,.,(_! or It.:1- ;•:•..: aily 1::-::: :=1e. :. [.; ...1 condition in 'which it existed prLor to the c :m:20 or destruc- tion: in the case of condemnation, :.:1-1-,.11 ::: :::-1 rec1..oretion ef the rsmaininri-, portion of the P.foc,ct -to an .•,,;trac.',,L , :30unC: ) and dcsirable condition; and, :!.:1 ohs c;.1f;e of c;1_) oicE;cr_:::ce, shall mean rcstoration of the Proj,::c-'c to an attractive, sound and desirable condition. I (e) Rostpred_Value, "Res.',.cred Value" shall mcan the value of ue o thc Project after Restoration. (1 p,.-t .-':('d, Costs of R '.--orat1nn. "Estimated Cost , of ResteraIion" shall moan the estimated coo U ; of Restoration. , 1 -19- . . ...I . . 00"..) Avaijae__Fends. Avui3nble nhall mean anI ,.. coeds of innernnce or condemnnj ••. ..,m:rdn or pnvments in liee of condomnation nnd any ensemm,.. ! Annome cr funds of the Asoociation including fends from. .the capital reserve fund Pr"1. the earry-ovor ronerve fund. Available Fund- ,hal..1. • not include that portion of insurance proceds leally ro- quired to be paid to any party other than the Association, ihCiuding a ::iortz7,airfo, or that portion of ;n:y eondemnntien award or payment in lice of condemnation payable to th e Owrnr of a Condominium Unit for the condemnation or tahing of that Owner s individual Space. 9.2 Deter(ilnatl.on bv thc.: Board. Upon the occurrence • • • • I of any damage or destruction to the Project or any part there- of, or upon a comoloto or partial taking of the Project under eminent domain °I: by grant or conveyance in lieu of cendemnr,- tion, Tho Board of Directors snail make a determination a3 to whether the- excess 01 Estimated Costs c RestDratLon over Availab:le Funds is 50 percent or more of the estimated.Rc- stored Value of the Project. In additions the 1:card of r)i - recto-!; shall, from time to time, review the condition of the Project to determine whether Substantial Obsolescence exist... 9. ) 'Restoration of the ?ro;.;:n . on vt of the Project shall be undertken by tn.! AT,scciation without a vcte. of Owners in the event of Partial Destruction, Partinal Con- demnation or Partial Obsolescence but shall be undertanen in the event of Substantial Destru.ction, Li2.1-istantial Co ties or Substantial Obsolescence only with the consent of the Owners holding 70 percent of the total votinn: power in the Association and the unanimous consent of all First rtgac:ees. In the event the insurance proceeds actually received exceed the cost of Restoration when such Restoration is under ten _ pursuant to this Article, the excesf.1---shall Cc paid and dis- tributed to all of the Owners, in proportion of their undi- vided inUeresL in the Common tu 9,4 Salco-I the Pro'lect. The Project shall be sold in the event of Substantial Destruction, .Substanial Condemna- tion or Substantial Obsolescence unless consent to Restora- tion has been obtained from Owners holdinL; 70 percent of the total votin a. power of the Association and the unrnlir:oua con- sent to Restoration of all First :::ortgecei:; has b•_ ::. obtained . . In the ovent oT such sale, condominium ownerhip un,acr this Declaration shall terminate and the proceeilb n±: nle ana any insurance proceeds, condemnation awards of: a: 20u5 in lieu of condemnation shall be distributed by ',,h:-. ---.- i.ti :_-., to • each Owner in accordance with his porconn,d 1-. ;oro.s(. :-L the CO 'OP 'ile:lents. Pnymonts to bo :::::do to Own.nr hpree,.nder shall be made Thintly to 1::ortaee5 as to Co!:doiniu:.,1 inits which are morta:;ed at the time of such pa:imenin 9.5 Authority of A_nson5.atjon to ?:_..ntore r)n__. el .. The Association, as attorncy-3.n5t for each (,:.;:ne , hall hays fu'.1 Dower and a.uIhority to rector° or to j.1 the l'reject. and each Condominiuia Unit in the Project whenovc:r :',estoration or sale, as the case may ue, is undertalcen an. horeinabove provided. Sucn au:.hcrity shall include Id:.: r •.,,h and power to enter into any don'c.racts. d(-:ods Cr ether crusC wdlen nay be necessary or appropriate for Restoratjen or sale, as the case may bc:. . . -20- • • � 6 i"L\ :n o f ( ^_r CC_CC . All 11 tr e cr O ` of ol..c nhdil be • t, ..tr*•• E '. t.: L I.L t;t'..Jt Ci.. 1cz all o?' the l;ralu•1•: and all . .. :cI (i such i,ortu..a .ecni,c may appcar, sU:, iec 1 to the such Owners Ob).l.t"L.:.1G:'I C. the Association to restore tia- Y'c .2e as nro- Vided herein. • 9.7 sl,f,C1 )__?•__� =-runts for-- _,—'L01_atie '-. i;h: novrr . Restortion i.` ^,• in ))•(•• o i .on to and collect assessments 1V1G ' interest :,.;1 the -• payable' Owner's ;.iC} the Association determine, to over 1; 2J;,-G:i and expenses of Res:;C'i:',`.'.:,or to ' J ! l .1 1 ._ d1 Such si)ecial. .,.� ,. C10' covered .;y Available Funds. - . �on omini :.1 UJ_ni t of each lien on the ., .,'�:...1 :)('. secured by „•, ..r..� CCU 1. :,)_-tl!_. Owner case of Re U.Lar A.. .. such ":n%_^ .._, ;.f? 1:}:^ (t... .1..•t; L,,. ._,.:^.'t_.c;rl `;O '.n.0 con- trary,-t:.::?ai 1N' ...!?7 other- provisions this , .; ti •` f • •'Uant1 1. DC s v.I..Ction, '-t }, 'C'i n' 11. in t:.}?C C:.GC? O ,�U:):, - - •,rtl n Obsolescence, ny' sued Soo . (i'OC:,I;>•il':L.`i0!1 or Substantial _ 1 not be a personal G'bt i•1C:1: of any such asseSsunt Owner CO: 1it not consent to Restoration, but, if not r 'e of the lien. " IY:L t t!:C may be recovered only by foreclosure Con,: such Owner. Condominium^ L'I1'i i. O.I. 9,8 P?C.3int_ nr !__.. t liCat,ion_of C_^' d ion, ^` ,d•.:.?.CU'l-. or other proceeds uc_" t. compensation, U.c'.;.i�Ft<:`., L or (. I-�';=•`_ of ,)'.r U.L • 1 e 't::hi.n;:-, of the Pro,iccc't o:. C the a of Project u„° eminent domain or by (•,ran',• Association.?. -c- ,vC C in lie .�_" r. payable to the The lieu of condemnation .;1:a1.1 be };:�.;.. )U Ui amount thereof allocable to compensation for the ta.` - ,U!..^.Ufl`'.n._LL:1 the Individual Space of a particular G GY' la�Ul'y to -t c'. •._. p therein shall be '__)�G1' - an Owner t le!. Unit ,, to improvements ts oz :. :c balance T L' C } i• that nrliU^,.! _U:,. Unit. i'; 'b tined to the Owner o•• ;ium expenses n shall be applied to cot and , of the 2`,,i f 1' nra a 'h:e eY.ten:. . so applied, .ied. shall be aliecat, d i1: '1 l.oas: first, any .,a_ . _.ln cf _the award allocable X r ,. ` ` to ( r,r,,:Gn . l. .Crb c shall be apportioned among all Owners i n proportion to their respective undivided interests in the Co0n ' t -( ntoi seco nd ,the amounts allocable to severshall.� 1 ' ) ) Oy _ ,ions I to Owners s of Con:lon1n1U Units w: C i . were not taken or conderined, or which ,V not fully La _,. or co :6ertC c , in pLUUOft70n to heir respective undivided interests in ::JC with -,_ .r_Gs... is as adjusted in aceor"` n^ 1 the COti:,,:C21 Elements , 1 .- ..e 'UC: __. _ - i _c� ,;r O Cc;, C �, her-of;i 2.rld third , the �- demages or for other rposes .. ail be . - _ i• rr as the ; .tic= LCion ae r.: °ia - to he C; !_ . _: le _ the i.n he 'b'i'll: o COnc. . . event ` _ 1 C l l.., v tann in condemnation,J. ,. CO > 1i1 . , ' that individual �lLG^ ,11 .1 . _ S r to be part of the 1,, )4 . . , o shall t o b. , member ` the \, ,.. ` Ci. ,cre. r and the i.,.) )iviucd Interest 1 � . c, ..:t _.c�ct .s. to individual Space a) au'i,c a,.ioa c that ll:d 1. 11. ,�. liil:.? l Ijn, �c i!� ,�.. .,J..�' .'-�-�' -I},3 a:L.i.ni r ° Connor: 0- '�hln Owners. 0.. .. 1"C.. . -o I. r. ., :) the ',..;con. L',_::: (•..t..>. ,-e �l 'C'' Undivided. in.c' L`. yin C,)CCI 11,, r�r�,.L�• 'i :1iU i to l, In 't: -. -event part (){' ..he i nd,i v c_, -.- j_ '. o .0 o' _ Unit is taken in condemnation, that (:'-1 in CA'l1'i:i:1 proportion J �!:i' :C Lt„i t chn.1.L be rcOUC T o,. ,1 _,lt reduction in sc,uare footap;e. of the i 1 , ,.... l.' 1 I _21_ _1 :: '. ' . • .0'"'*• . • i undivided interestn of Owners in Commo m.:nto and t11,-- votinf; ri!T.ints Lind assessment obliatlons or all Ovn-lern shall automatically b o a dsted according to said adjustmen'.. in i square footage. . , • • . X. COOLY CUD CONDO::INIU14 UNITS. , 10. 1 Com!..enl v Owned Condeminik:m Units. Any Condomininn _.._... __ —__ .....— ._. . Unit 'owned by the Association shal.l. 1:e decmed a "Com--,_:nly Owned Condominium Unit" . A Co:',1on •y Owned Condominium Unit • - I may be a Condominium Unit acquired by the 1,320Cit10n by fore- closure of liens as provided herein or otherwise.. Notwith- . standing the Diet, that any Condominium Unit mny constitute a Commonly Owned Condominium Unit, it shall not he deemed pert of the Common Elements. . • 10.2 Votcs, and Afr. :Cntf; for Commonly Owned Con:-Ioin- ium Unit,-;. Notwithstana !: any other provisions of tnis D-- • __ olaration to the contrary, for so lon as anv Condoinium . Unit is a Commonly Owned Condominium Unit, there shall be no regular membership in the Association for that Condominium Unit; no assusment leviej or rhid with resc::ct to ,-,- t Con- . dominium Unit; and the Total Points in the I.'rojeet ehal i bt reduced, for %,:oting and assessment purposes, by the number of Pol.fltF: assigned to that Condominium Unit. If any Condo- - minium Unit is a Commonly Owned Oondeminium Uni.t upon ter- mination of thc 00! JO ownership of the .1-.'r03eCt and dissolution of the Association, the beneficial interest in such Condominium Unit shall be deem(id owned in common by the• ,. then Owners In the same proportion as their respective .-ln-* terests in the Common Elements. -- • . 10. 3 Salo of Commonly Owned Con,lc:rlinium Units. The A,--sc)c;zy!-ion r,ay ;;T:Tranv C=f:IcnT71— n-,1 .::, .(. 5_1). units for their %non lair mary.c U value. ' - • • XI. SPECIAL OBLIGATIONS OF CRS. 11.1 Sub:lv.,sion Arcemerit. E.ach Owner, by hi.. .. : ocep- tance of a ano to a Concoillinic Onit t1.-1• Pro:!eet, hcrnby consent:: to the subeetlon of hio Condo:-:dnim Unit :,nd thE: Projcct to ail 0±' the rc. u5_r,...en't0 containa,) 2,.ci the ::.,!..lbdvfl.- sion A .1--cc1 6 -.1fc:r Clarendon ::A0-:,Cvl:J1::::1, ,,,,:,, a ,.3. nhary 2G, 1976 1., wcon '13-r.car, Inc. (Dec1 aati■;' :5 1-,r0cic0csi01 in in- terest) and i.nc City of Al.;pcn. XII. i,rr.SCELLAI'',.ZOUS. 12.1 Durh :Aonr _Df::olaion. Each prov :ion conc:d in this DCC.1. r:.I. I3n ':! C;11 is : ): CL- .:: hc la ,:: or somotmcs rcfcrd tc as the rub c aainIlt nci.pctuo or the rule or i1su1ta unrcabonable restrains on aliene,:ion shall continue n.nd remain in full -.force and ef:Ceet Yor the period of twenty-oe years following the deaLh of the si:rvi- • vor of David A, Ra;:tor, Cohort Starodc and Charles S. and the now livinn-, children of na'Ad °croon:: o,:- Declaration is terminted as hcrchatcr T,Fovidcd , whichever first occurs. All other provisions eentaind in -t.hin -22- . . , . . . . . De,. :ation shall continue and remaj n full force and effect until condominium ownershAp of the L'rojoc, and this Declaration is terminated or revoked as hcreinafter provided. . •. • 12.2 Amendment and Tormindtion. ;,hy_LL22/.1.L.a.olt con- tainedin this Declaration_may to anded or chaed (a) by tho ree01-01,n.rf: of a written instrument. or instruments specfying the amendmcnt oi.- c-Ftan[Fer.:;:ecutedy ,..,.r.crs._:::1:0_nave (5c1i ('1 not; :1-17!. -70-17 =E - --of L.11 o= L1 o.0 -10 As •ociailon, or (15r by any .e: or to co nth- e ,tr,, veyanee of any Condominium Unit. No suf.h amendment or char ' snill. become effective until thirty (-.)6T- c ,s--;--7,- c-i:---;:.---in.nn' notification of cuch amendment or .cilan.,:',e 5.: sf.;:nt to all Pi.,-et ........_____ F•ortga;sees whose names and addresses arc expressly provided ' recorded' ' r,.. r."-ff,,,- in a -o... t,-Je, deed of trust or other lien. Pro- ( vidd, however, that this Declaration and condominium owner- . -V5 ..stio ship of 'the - 1Gjc,- . ..A.a...l not be terminaica Cr revekeU, nor OJ ,,,,P , shall this Article 12.2 be amended, unless all of the Owners 9'ld ;-,11 Pi---t (..)rtfra,,,,,,- ,cri-ont nr-1 -1-)---in to --doh termina- tien, revocaLion nr Article 12.2 amendment by written j_ntru- e.)` i' mcnt duly recorded. / N \-) P-r r,,,,-- , i. D...n r i,. 12 , ',' 71,rs''.'-' 1 •, _......,.. .....t, 0,..,.., ...%..,1.01 .), ....._.,_,' . y c,r2.:. .,...ch pro-vi.- so n of .,111..) Dee).— ation, and an al;recment, promise. , covenant and undertakInr; to comply with each provision of this Deciara- 0• ...., tion, and any necessary exception or resecvation or (,:.i'ant of title, estate, r3ght or interest to cffeetudte any provision of this Declaration: (a) shall be deemed incorporated in each I deed or other instrument by which any ri!tht, title or interst in the Project or in any Condominium Unit lc rantod, devisc(.., or conveyed, whether or not sot forth or referred to in such - deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in he -f'roject or in any Con- dominium Unit by an Owner, be deemed accepted, ratified, adopted and declared as a personal covenan-:, of such Qwner, ns fl. Persoe!71.-2. covenant, nhall bo binin no f'1.1cF1 t'ir I and such Owner's heirs, personal representatives, successors and assigns and, as a personal covenant of an Owner, shall he deemed a personal covenant to, with and for the benefit of the Association but not to, with or for the benefii.: 01' any other Owner; (o) shall be doerocd a rea:i covenant by Declarant, itself, its or and assir;ns, and also an oc,u1th.:, ,.: servitude, rinning, in each ease, as a buraon with ni upo title to the Project and each Condo:T.inium Unit and, as a real covenant and also as an ccuitable servitudc , shall be doomed a covenant and servitude for the ben.efit of th.:_f Pro:pect and each Con.do:;;inhAm Unit; and (d) sh ..1.) 10 deorn6 a ocrlenant, borlic,;ation una rostrIction secured by a lion in of the / Association, btirdenin::: and eneumerisg tl*.cs title to tha Y-re- ct and each Condominium Unit in favor of the Association. 1 12.4 Enfor_o :cnt an:.I _Ro:,-1cUics. In ad:dition to any I other remedies hercAn provided, each prov5eon of tnie Dec- laration with ro:,:peot to an Owner or th.: Oendoiniuin Unit of an Owner shall be en-:Coreeable by thc Association by a pro- ! eeeding for a prohibitive or mandatory inanction or ty a I suit or action to recover dama!wr.. If any court proeeoeine are instituted in connection with Inc ri. hts of enforobent and remedies eroviood in this Declaration, the prevail] n;:; ) party shall be entitled to recover from the losJ.n,.., party j= Jcosts and expenes in connection therewith, including i . -I • . . • . , . . reasonable attorney' s foes. • 12.5 ..'roter. i!_o.n....o.f .12.ncybrancer. No violation or breach of, or fsilure to comply with, any provision- of this Duclara- . ' . tion and no action to enforce any such provision shall affect, defoat, render invalid of imp:41r the lie O- . mortc; . deed of trust or o'thcr lien on any Condominium Unit "c-'-.7.n in • hood faith and for value and perfected by reeerliinY. in the Office of the County Clerk and Pecorrier (A i'itk.in County, Colorado prior to the time of rccOi'cAl rv, in said Office of an . • instrument describing the Condominium Unit and listin th,,, ......—. .: i name or names of the owner or owners oS fee simple tit'e to the Condominium Unit and pj.vin notice of snch• violation, breach or failure to comply; nor shall such violation, broach, ., • failure t0 cm-,plyor action to enforce aff:Jcit, defeat, render . invalid cr V.:pair the title Cr interest of the holder of anv F.:uch morti;ar:e, deed of trust, or other lion or the title or interest aqtdred by any purchaser upon foreclosure of any such mort: pe, deed Gf trust or any lion or by deed in lieu of foreclosure or result in any liabiaity, personal or otr'r- wise, of any such holder or purehas,::r. Any such purchaser on foreclosure or by deed in lieu• of forc(:losuro snail, how- ever, -1=0:c subject to this Dociaration exe.,::pt. only (a) vir,la- ,-•.- • tions or breaches of, or failures to comply with, any provi - sions of this Declaration which occurred prior to the vesting of fec simple title in ouch purchaser shall not be deeme4 breaches or violations hereto or failures to comply herewith with respect to such purcnaser, his heirs, personal reoresen- tatives, successors or assigns and (b) such purchaser shall take the property free of any claims for unpaid Assessments . or other amounts against or a,.:plicabla to the encumbered — Condominium Unit (except for claims ._;-':c)r a pro rata reallo- cation of such Assessments or amounts to all Condominium. Units including such encumbered Unit) . 12.6 1 17.:teci T.4abilt- Vei-tor .)7.o: -,- ,-,t. 1-r. As.zo- .... , 7. elation, the Board of Directors of the, Association, nor any mr,mber, arj,...nt or employee of any of the same shall be liable to any party for any action or for any failure to act with respect to any matter if the action tahon or failure -Co act was in good with and without malico. 12.7 Successors...and Aosirms. This Declaration shall be bindin;!: upon acid shall inure to the bon,ffit of -6.1e Asse- elation, and caca Owner and the heir , pc:rcnal. • tives, succcssors and assigns of caul . . . . 12.3 Severabi..li.tv. Invalidity or unonforcab ' ity of any ovisien U ucclaration in whol..2 or in 1.-. .r.!.; 'Jnall not affect the validity or enforceability of a.:,,, a 'c.hc21- pfa- vi2:ion or any valid and enforceable part of a ro'.'ic:iin o-.;-: this D,,clration. 12.9 Captions. The captions and he :iins in t'.-.is in- strument ore for convenience only and shail no ho censidcred in constro rig any provisions of this Declaration. 12.10 Po Waiver. failure to enforce any provisions of this Declaration shall not operate as a w.iiver of any such provi:iion or of any oi.her provision of this Dociarnion. 24- _2. 11 Further Assurances. The ,: _ .ociation and each Owner hereby agree to do such further acts and execute and deliver such further instruments as may reasonably be re- • quired to effectuate the intent of this Declaration. • 12.12 Word Usage. The use of the masculine gender herein shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to in- clude the plural, whenever the text so requires. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written. CENTENNIAL PARTNERSHIP No. 1, a Colorado limited partnership By: David A. Baxter RO'bert S tarodoj- .=J Charles S. Marsh / GENERAL PARTNERS I . 1 -25- 1 j iyh STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged vbefore ymxter, this- 9th day of _Nov�Lher Robert Starodoj and Charles S. 'Marsh, General Partners in the Centennial Partnership No. 1 , a Colorado limited part- :• nership. Witness my hand and official seal. v'. My commission expires: August 26 , / / (, .,G� N star Public • -26- 1 i EXHIBIT A TO . CONDOMINIUM DECLARATION . FOR . THE CLARENDON .CONDOMINIUMS Lot 1, Parcels 1, 2 and 3, Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat therof I on file in the Pitkin County records in Plat Book 5 at pages 1 and 2 thereof. I I I r I 1 1 1 1 i 1 i I . j r EXHIBIT H • TO - CONDOMINIUd DECLARATION eUit THE CLARENDON CONDOMINIUMS • The points assigned to each Individual Space in the Project are as follows: Unit Number - Number of Points 1 1360 2 1360 3 1360 • 4 1610 5 1610 • 6 1360 7 1360 6 1360 9 - 1c11.c4_r` 1610 <, R. — 10 = -7, 5% 1 61 0 -1.2.-/% �4zet °' - -- 11 ie,2l7+'01360 - 6•1- . o csW�so•07''•. 1 2 1 360 = i A7TC 1Crr�N 13 1610 14 1610 ati._£,,_:,s.:,_; - 15 1360 I .c.C,' ;... -, ac_ ---.. Total Points 21 ,900 _,o 22_, t5a I!• vi p4 r'.C_ Reception# S.3br1l ,;z3 `/ ,- b"-M1.0 pt,c; 80 FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS DATED: October 8, 1980 1. RECITALS 1.1 Original Declaration. The Condominium Declaration for the Clarendon Condominiums was recorded in Book 319 at Page 415 of the records of Pitkin County. 1.2 Condominium Map. The Condominium Map of the Clarendon Condominiums was recorded in Plat Book 5, Pages 36-39. 1.3 Building Addition. Condominium unit 12 of the Clarendon Condominiums has been expanded by the addition of a 250 square foot bedroom changing such condominium unit from i _ a two bedroom to a three bedroom unit. 1.4 Association and Owner Approval. The Clarendon 1 Condominium Association and the requisite number of owners have approved the addition of the bedroom to condominium unit 12 and desire to amend the Condominium Declaration and the condominium map to reflect this addition to condominium I unit 12. 1.5 Amendment Allowed. Paragraph 12.2 of the Condominium Declaration for the Clarendon Condominiums, provides that _1 the Declaration may be amended by the recording of a written instrument specifying the amendment and executed by the owners J of not less than 70% of the total voting power of the Associatic and further provides that such change shall not become effective until thirty (30) days after written notification of such amend- ment is sent to all first mortgagees of record. NOW, THEREFORE, the requisite number of owners do hereby publish, declare, and acknowledge that the following terms, covenants, and conditions, shall apply to the Clarendon Condominiums and the above-described addition thereto, and shalt .I _I , f 5°410 ma 81 be deemed to run with the land, and a burden and a benefit to all of the owners, and the Clarendon Condominium Association, and each of their successors and assigns, and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees, or assigns. 2. AMENDED CONDOMINIUM MAP. • The Condominium map of the Clarendon Condominiums previously filed in Plat Book 5, Pages 36-39, shall be amended by the First Amendment to the Condominium map of the Clarendon Condominiums. This first amended map shall depict the location of condominium unit 12, including the addition of the third bedroom to condominium , unit 12, both horizontally and vertically, and shall meet the other requirements of paragraph 1.6 of the Condominium Declaration for the Clarendon Condominiums and shall be filed for record and termed "First Amendment to the Condominium Map of the Clarendon Condominiums". 3. AMENDED OWNERSHIP POINTS. The "Points", being the numerical figures assigned to each individual space to fix the proportionate interests of the owner of that individual space in the common elements, the proportionate voting power of that owner in the Association, and the proportionate share of the total assessments levied by the Association to be borne by that owner, shall be amended as set forth on the amended Exhibit "B" attached hereto and made a part hereof by this reference. Such amendments represent the addition of the 250 square feet of floor area in the third bedroom addition to condominium unit 12. 4. GENERAL. 4.1 Provisions of this instrument shall be an addition to and amend the provisions contained in the recorded Condominium Declaration for the Clarendon Condominiums. 6) "410 ACE SZ 4.2 If any of the provisions of this instrument or any paragraphs, sentence, clause or word, or the application thereof in any circumstance be invalided, such invalidity shall not affect the validity of the remainder of this instrument and the application of any such provisions in any other circumstances shall not be effected thereby. 4.3 Provisions of this instrument shall be an addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. 4.4 This amendment to the Condominium Declaration of the Clarendon Condominiums, may be executed in multiple counter- parts, and each such counterpart shall be deemed to be an origina hereof, binding upon the party or parties executing any such counterpart, even though such counterpart may not be executed by all of the parties hereto; provided, however, that this 1 - amended Declaration shall not be-considered effective until the necessary parties hereto have executed a counterpart of this amended Declaration and until thirty (30) days after J notice hereof has been mailed to all of the first mortgage holders. For recordation purposes, each such counterpart may be recorded, or, separate signature and acknowledgment pages from any counterpart hereof, so that said counterpart to which said signature and acknowledgment pages are attached when recorded, shall be deemed to be the original recorded master first amendment to the Condominium Declaration for the Clarendon Condominiums. Each such separate signature and acknowledgment page above referred to, shall be entitled as "counterpart signature and acknowledgment page for attachment to the first amendment to the condominium declaration for the Clarendon Condominiums". IN WITNESS WHEREOF, the owners who have not less than 70% of the total voting power of the Condominium -3- e°4110 83 Association, have executed this instrument as of the day and year above set forth. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument termed "FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS" was acknowledged before me this of i 1 , by WITNESS my hand and official seal. My commission expires: I // //�' �, Notary Public LOUISE M• c;,,mrp r I<t� MCl(OCSPOrI, �`I^[I cny . ry Pub Ii c My Corrrri•:ion Fx,ui es Y, September 12, 1531 `"•r• r Gf c,r.0 r7 ` -d- t,ur 41.0 F,..:E 84 FIRST AMENDED EXHIBIT "B" TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The Points assigned to each Individual Space in the project are as follows: Unit No. Number of Points 1 -- 1360 2 1360 3 1360 4 1610 5 -- 1610 6 1360 7 1360 8 - 1360 9 1610 10 - 1610 11 - 1360 12 - 1610 13 1610 14 1610 { 15 1360 TOTAL NUMBER OF POINTS 22,150 J '0"410 PAIGE 85 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this /(.L day of l( (I.! (.r("-{, / , 1980. OWNER: OWNER: Q iIIIIIU llllum% ,,? OFFICIAL SEAL STATE OF Ci_L L/('-Li'L(CZ.' ) e ;7 7Z: PRISCILLA A. McGERIGLE z • ' �/ ) S s• 1 NOTARY PUSLIC - CALIFORNIA COUNTY OF (`1r:'.1 L(Q. �1. C�_'>[t� ) _ COUNTY OF SANTA CLARA Comm. Exp. Mord, 26, 1984 a The foregoing instrument was acknowledged before me this 51_ day of (( 1q7/4' ) , 1980, by :;/,ti, ', /! ,..( ,• 1 ��.(. ! i l .1- ( ,) ( 1r('C • WITNESS my hand and official seal. My commission expires: , 1 /n (,/ );' /0 (- •)(', (Y(, i l ) 7 (CI.).(r .LI Notary Public STATE OF • ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1980, by WITNESS my hand and official seal. My commission expires: 1 w,,,4- '° 410 PACE 80 ! COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- • KENT. TO HIE CONDOMINIUM DECLARATION FOR THE • . CLARENDON CONDOMINIUMS The undersigned, being one of the owners of.a condominium . unit, Clarendon Condominiums, County of Pitkin, State of . Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium ' , Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First ' Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if - the undersigned had executed the- master recorded First Amendmen • to the Condominium Declaration._for. Clarendon Condominiums. DATED this day of ��,� , 1980. OWNER: `� 1 I • OWNER: - 1 I 1 • STATE OF ILLINOIS ) • 1 . .. ) ss. I, COUNTY OF MORGAN ) . 1 1 The foregoing instrument was acknowledged before me this 1 7th day of August I , 1980, by Donald E. Kolmer DDS • I1 WITNESS my hand and official seal. My commission' expires: 4-19-81 . notary Public \ ; i ii ` ` ; i II , ', �rhF r . . ....._ J 1 i . 1 . . I ; '410 PACE 87 • COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR II ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE • , •, CLARENDON CONDOMINIUMS i • • li . The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of I Colorado, hereby acknowledges reciept of and his/her execution jI I • of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of II1980, the undersigned hereby authorizes the attachment of this II I signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming i • I said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. I •DATED-this Z-/Iday of : /1.-040j7.-- 1980: • ... _ I . OWNER: OWNER: 1 j ! STATE OF /4X--S ) • I ) ss. COUNTY OF /4, ,t 7– II II The foregoing instrument was acknowledged before me this day of 4-0.6.0.5-7---- -c16.vs t' , 1980, by T s. vSC A/CAJAm&S SI WITNESS my hand and official seal. r): - it J� My commission expires: li (.. • I a.' Public ,;,�,,;,STATEOF ) I COUNTY OF ) ss. The foregoing instrument was acknowledged before me this Ij day of , 1980, by WITNESS my hand and official seal. My commission expires: i; au"410 PACE 8R ii l II COUNTERPART SIGNATURE AND 1i ACKNOWLEDGEMENT PAGE FOR I ATTACHMENT TO FIRST AMEND it MENT TO THE CONDOMINIUM • DECLARATION FOR THE CLARENDON CONDOMINIUMS 1, I . The undersigned, being one of the owners of a condominium Ij unit, Clarendon Condominiums, County of Pitkin, State of II Colorado, hereby acknowledges reciept cf and his/her execution it of a counterpart of the First Amendment to Condominium �I. Declaration for Clarendon Condominiums dated as of II 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First n Amendment to Condominium Declaration for the Clarendon tt Ir 1 r Condominiums, to be recorded, hereby ratifying and confirming 11I said act of attachment for all intents and purposes as if _ the undersigned had executed the master recorded First Amendmen to the Condominium Declaration for. Clarendon Condominiums. 1 i i DATED this Ti' day of 1 , 1980. . OWNER: A' 1/. it 11 OWNER: s I ii 1 b l • STATE OF Michigan ) ) ss. !1 I COUNTY OF Muskegon ) II I jl The foregoing instrument was acknowledged before me this 128th day of July , 1980, by R: chard_F_Kaufman and . I I •' -'... '_.. Sylvia C. Kaufman . li WITNESS my hand and official seal. ; li My commission cx fires: "'•` p 1_26=82,__T_ li Notary Public Glcir.i 1d..,Cline ; 1 " " j ,• / It,,1,,,,,it���, 1 II I I I II (I II J I, i, .I . I • I ur 410 PACE. 89 • COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM • DECLARATION FOR THE • CLARENDON CONDOMINIUMS • _,! The undersigned, being one of the owners of a condominium �I unit, Clarendon Condominiums, County of Pitkin, State of 3 Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium • li Declaration for Clarendon Condominiums dated as of i; 1980, the undersigned hereby authorizes the attachment of this ii signature and acknowledgement page to the master First IAmendment to Condominium Declaration for the Clarendon ■ !i Condominiums, to be recorded, hereby ratifying and confirming ! said act of attachment for all intents and purposes as if - II the undersigned had executed the master recorded First Amendment Ij . 1 to the Condominium Declaration for Clarendon Condominiums. , !i DATED this J day of 'V... , 1980. I.I, --- ii OWNER: // !j OWNER: II 1j / .�(V -\\�". .:N,y3 it li I' • . 1. STATE OF !i'1 i!\i f\■ , ) +. ) ss. II COUNTY OF V2,f'-2a-1 1,ti%-NCt\) ) ii '! The foregoing instrument was acknowledged before me this it i kd ay of `!,-C 1 q , 19 8 0, by _`'-l_::A f\l, I . (7.Pi:T',/. 1',r R 6/ I; • 1 0 E k •._ (t , i_' :;,- t\. L .i. (., ;i WITNESS my hand and official seal. 1! My commission expires: . j • ii Notary Put 1C 1LYYYVYyv YV•,,V(�7':;1 ,••.,+,lil• III STATE OF ) " I1 ) SS. it COUNTY OF ) II , The foregoing instrument was acknowledged before me this i. day of , 1980, by ti it WITNESS my hand and official seal. My commission expires: • II . ". "410 PACE' 90 ,1 II COUNTERPART SIGNATURE AND II ACKNOWLEDGEMENT PAGE FOR 1 ATTACHMENT TO FIRST AMEND- . 11 MENT TO THE CONDOMINIUM DECLARATION FOR THE • •I' CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium II lI unit, Clarendon Condominiums, County of Pitkin, State of . 1 I it Colorado, hereby acknowledges reciept of and his/her execution � I of a counterpart of the First Amendment to Condominium 1 I; Declaration for Clarendon Condominiums dated as of II II 1980, the undersigned hereby authorizes the attachment of this 1 - 1 signature and acknowledgement page to the master First II11 Amendment to Condominium Declaration for the Clarendon i II 11 Condominiums, to be recorded, hereby ratifying and confirming l II 11 said act of attachment for all intents and purposes as if - i! the undersigned had executed thhe master recorded First Amendment 1 • Ito. the Condominium Declaration for Clarendon Condominiums. �y r> 1980. II 1 11 • DATED this_> day of 51('-191?-,,�! II: • OWNER II l' II II II • STATE OF (-'/_f 4r"7.n%i A ) ) ss. II COUNTY OF Lv S rIN .G' 4=S ) 1 II I - The foregoing instrument was acknowledged before me this iI �i day of f /ic,llii`( , 1980, by II • II WITNESS my hand and official seal. Ii My commission expires:__ J (11,7;4, 5i!qt-,..---/, li 'r tTM';�'7 " Ws"7:xn'f2- 4"r- Notary Public L' .i '�� OFFICiAt.EE.AL i_. 1i P/ , , EVE Gr.,�c t 1 1 r p NOTI,RY FU°LIC-CALIFORNIA P': I \ 1$� LO fJIGEL[ fOUi FY �; Cl II 1.+ My!'c T A rn Ex It t 11,1933 ii 11 11 _I !, !I °Ju^410 PACE 91 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this (7 day of ( QA , , 1980. OWNER: . ' Iti OWNER: F/44...46, tee.c 1 STATE OF �) C ( ) ) ss. COUNTY OF 4 , �/ ) The g fore g oin instrument was acknowledged before me this _ 'c'.7--- _ N GERI'RUDE F. GLADSTONS and day of(- % / , ' , 1980, by LEE GLJDSTONE .. f-- . '` :: • WITNESS my hand and official seal. , '- My commission expires: IN GQmmilAigrr Exoirgs January 3; 1F82 . . ., • / t..,%.1N v.I.0 ;---,`J Notary Public " ' -Jiii STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1980, by • WITNESS my hand and official seal. My commission expires: UNt`r BOOK 448 P+GE587 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. . Condominium Declaration for Clarendon Condominiums dated APRA 23 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second — Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. I Dated the Q i2 day of 0 : 1982 . _ r�. . IL AtIel OWNER OWNER STATE OF ILLINOIS ss. COUNTY OF MORGAN The foregoing instrument was acknowledged before me this 28th day of April , 1982 , by DONALD E. KOLMER and My commission expires November 20, 1982 y:id"ress is 110 N. Morgan, Meredosia, IL 62665 * K''.4,Vitness my hand and official seal. •koraI i -4E � ( Cz d r Notary Public qi t • AA IT 1 BOOM 448 PAUL c536 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS • j The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to Condominium Declaration for Clarendon Condominiums dated tax.(zit._ 23 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second. - Amendment to Condominium Declaration for the Clarendon. ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 2h day of t22t, , 1982 . OWNER &1•X si)lea?'('Ll-1/'4-- OWNER `' STATE OF ) G ,��X1 )) s s. • COUNTY OF 1 . The foregoing instrument was acknowledged before me th; • r9 p day f (--/c —� ,_ 1982 , by 77 )7 ie and L • c-•c/ •m`e' •�� My commission expires /' 3 y 6 My address is :9 7 ‘. ci r eief ,. `j J Witness my hand and official seal. oiA2Y I l:�_1C -- CALIF tt::1A :,■ Notary Public, ,...J \ - CO'_-11Y Ur SA.JTA �,1:.?:. \`' Cem;:,. F.rp. Jan. 13 ;345 J BOOK 448 R G 585 SECOND AMENDED EXHIBIT B TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The points assigned to each individual space in the project are as follows. Unit Number Number of Points 1 1 ,360 2 — 1 ,360 3 1 ,360 4 1 ,610 5 1 ,610 6 1 ,610 7 1 ,610 8 1 ,610 9 1 ,610 10 1 ,610 11 1 ,360 12 1 ,610 13 1 ,610 14 1 ,610 15 1 ,360 TOTAL NUMBER OF POINTS 22 , 900 STATE OF COLORADO ) BOOK 448 FAGt584 ss. COUNTY OF PITKIN ) • The foregoing instrument termed "SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS" was acknowledged before me this 26th day of April ► 1982 , by Dean Greenberg , Marilyn Greenberg ► . , • ► ► My address is 3877 Conroy Trail, Inver Grove Hgts. , MN 55075 My commission expires December 6, 1988 Witness my hand and official seal. € ORYPJ Z NDRA J. B DAKOTA COUNTY MY o711 xPires D c. 6, 1988 • 1 . BOON 448 PPGE 583 parties executing any such counterpart, even though such counterpart may not be executed by all of the parties hereto, provided, however, that this amended declaration shall not be considered effective until the necessary parties hereto have executed a counterpart of this amended declaration and until thirty (30) days after notice hereof has been mailed to all of the first mortgage holders. For recordation purposes , each such counterpart or separate signature and acknowledgment pages from any counterpart hereof may be recorded so that the counterpart to which the signature and acknowledgement pages are attached when recorded shall be deemed to be the original recorded master Second Amendment to the Condominium Declaration .for the Clarendon Condominiums. Each s ich separate signature and acknowledgment page above referred to shall be entitled . . "counterpart signature and acknowledgment page for attachment to the Second Amendment to the Condominium Declaration for the Clarendon Condominiums. " SIN WITNESS WHEREOF, the owners who have not less than seventy percent (70%) of the total voting power of the Condominium Association have executed this instrument as of the day and y ar above set forth. q % i � J • BOOK 448 PSG_532 2 . AMENDED CONDOMINIUM MAP. The Condominium Map of the Clarendon Condominiums previously filed in Plat Book 5 , Pages 36-39 , and the First Amendment to the Condominium Map of the Clarendon • Condominiums previously filed in Plat Book 11 at Page 71 shall be further amended by the Second Amendment to the Condominium Map of the Clarendon Condominiums. The Second Amendment to the Condominium Map shall depict the location of condominium units 6 , 7 and 8 , including the addition of the third bedroom to each condominium unit 6 , 7 and 8 , both horizontally and vertically, and shall meet the other . requirements of paragraph 1 . 6 of the Condominium Declaration for the Clarendon Condominiums _and shall be filed for record and titled "Second Amendment to the Condominium Map of the Clarendon Condominiums . " 3 . AMENDED OWNERSHIP POINTS. The "points , " being the numerical figures assigned to each individual space to fix the proportionate interests of the owner of that individual space in the common elements , the proportionate voting power of that owner in the Association and the proportionate share of the total assessments levied by the Association to be borne by that owner shall be amended as set forth on the second amended Exhibit B attached -hereto and made a part hereof by this reference. Such amendments represent the addition of the 250 square feet of floor area in the third bedroom addition to each condominium unit 6 , 7 and 8 . 4 . GENERAL. 4 . 1 Provisions of this instrument shall be an addition to and amend the provisions contained in the recorded Condominium Declaration for the Clarendon Condominiums and the First Amendment to the Condominium Declaration for the Clarendon Condominiums. 4 . 2 If any of the provisions of this instrument or any paragraphs , sentence , clause or word or the application thereof in any circumstance be invalid, such invalidity shall not affect the validity of the remainder of this instrument, and the application of any such provisions in any other circumstances shall not be affected thereby. 4 . 3 Provisions of this instrument shall be an addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. I , 4 . 4 This second amendment to the Condominium Declaration of the Clarendon Condominiums may be executed in multiple counterparts , and each such counterpart shall be deemed to be an original hereof , binding upon the party or j BOOK 448 , 4 ?.;; c_ 2 5 I 1 � SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS• LORETTA BANNER Dated: )4f IL 23 , 1982 CTY. RECCRDEP 1 . RECITALS IUL 13 3 53 PM '83 1 . 1 Original Declaration. The Condominium Declaration for the Clarendon Condominiums was recorded in Book 319 at Page 415 , et seq. of the records of Pitkin County. The First Amendment to the Condominium Declaration was recorded in Book 410 at Pages 80-108 . 1 . 2 Condominium Map. The Condominium Map of the Clarendon Condominiums was filed in Plat Book 5 at Pages 36-39 , and the First Amendment to the Condominium Map . of the Clarendon Condominiums was filed in Plat Book 11 at Page 71 . 1 . 3 Building Addition. Condominium units 6 , 7 and 8 of the Clarendon Condominiums have been expanded by the addition of a 250-square-foot bedroom to each such unit' changing each such condominium unit from a two-bedroom to a three-bedroom unit. 1 . 4 Association and Owner Approval. The `Clarendon Condominium Association and the requisite number of owners have approved the addition of the bedroom to condominium units 6 , 7 and 8 and desire to amend the Condominium Declaration and the Condominium Map to reflect these additions to condominium units 6 , 7 and 8 . 1 . 5 Amendment Allowed. Paragraph 12 . 2 of the Condominium Declaration for the Clarendon Condominiums provides that the Declaration may be amended by the recording of a written instrument specifying the amendment and executed by the owners of not less than seventy percent (70% ) of the total voting power of the Association and, further, provides that such change shall not become effective until thirty (30) days after written notification of such amendment is sent to all first mortgagees of record. NOW, THEREFORE, the requisite number of owners do hereby publish, declare and acknowledge that the following terms , covenants and conditions shall apply to the Clarendon Condominiums and the above described additions thereto and shall be deemed to run with the land and be a burden and a benefit to all of the owners and the Clarendon Condominium Association and each of their successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees , successors , heirs, executors , administrators , devisees or assigns. i . _.,) 1.2-U t'ALZ-LUl...) • •,• 's „v,,4-, . el% I i-- iiwuiwww.w...-••••-i .-.--,-...-w•-----7----...--..--"'-^"T..-'!rWr'-- -•'I 1' -— '''.!' ; I. a-'• SYNDER:Complete Items I.2.and 3.-- : -" ,,,,SENDER:Complete Items I,.2,and?. ,. .., • Add your address in the"RETURN-TM:specaian,• , -.• ';z...:.,- 4-.Add your address in the FtETURN TO space on.ti,..,..,,. .i,f t., 2 •-z.. , ...,.... . , ,,,,•. ......,t_,.. I 1 , . ..'Y.' I.1.The following service is requested(check one) '',1:-. . . ".i .,,. ..te_ I. The following service is requested(check one) •,i;i: ::,..-ENShow to whom and date delivered ..4;t•;____S 0 :f, 'cr., . ; .0K Show to whom and date delivered.-';',:::,=;`,7.7' , tf 0 Show to whom date and address of delivery..-4 ' l ....t i- 1 ,.. E.Show to whom date and address of deli:,ery. ' '`ein 4 •-•;r*,'..: 12 RESTRICTED DELIVERY ••,...,.9.'.... .1; 0 RESTRICTED.DELIVERY..;; '...:4-,,,",,.....'.471174- I; •1 .* Show to whom and date delivered.:,..,,,,l;',;'''--.!_o• ..., i• Show to whom and date delivered.• -•,:-..y.,,.:1- '• tr t • • •' ''',- .';':';'.nt''''t' •• /' '-'• '::E.. RESTRICTED DELIVERY. •...1--Itlt::-.7,2.-.. -: ) i - 0 RESTRICTED DELIVERY.-.. .,... '`,,,...,51.., "V4. ' .,&'-', Show to whom,date,and address of deliveri,$__ 1. .- -. Show ta whom,date,and address of delivery:$:-.',.- rt4,,. -• 'ii• - "-.•"1.4'...i,„ a (CONSULT POSTMASTER FOR FEES). .,..; '1 ,.: '. '. (CONSULT POSTMASTER FOR FEES).:;.,. i _. 2..ARTICLE ADDRESSEDJO: Aspen Home - a f, . , 1 2.ARTICLE ADDRESSEO:TO: ':-:..7",•;:.-,:;:ilitzL'..;',.0.•)rilAjtil 1 . AlMortgage Corp';','. Box E-3 _: ",,., ... 4 ' King City Federa..1:iS&Lf.r.:AssOcl„ - - ■ ; ‘:ZAspen, - CO 81612 :: -- ,-..-:.,,L,J.0,,,,I.i,,, ..1 1 73‘. •117 North Tenth `'.. -. Mount Vernon, -.IL ; ' , „ ;'.'• - I t .i5' iZ 3. ARTICLE.DESCRIPTION: ; .. . ...,,, z . •; . .4,., . fi 3. ARTICLE DESCRIPTION -. REGISTERED NO •CERTIFIED NO I- INSURED NO - A ■; ' m i REGISTERED NO. CERTIFIED'NM--->I^.:".,INSURED NO 1.-.---."'.--,..:?.3 .6572783 , ..1,--X-",,,: '" -' 'a ' ,..4 ., i (Al obtain signature of addressee or t) - ' "-'4 i''- 2' I (Alva"obtain sign""of eajnmse or agsm) ''....."""I' . I have ref wed tile artic C'cl'scribed‘ak* „ 7--.,...„ .i , .. SIGN TO ,' [;1'Addr use lahorizetl-a ent\'.. have received the article described above.;:..',.-`*•.=1.' e11•'!!--' 14,-,:::7.1 SIGNATURE 0 Addressee ,--•.;JCI'Authorized's" r.-.:-..!" .'',•1g - "•;,-76/ -,-. • . '. a. -N.- . ,... . 1 } .. . , , , . •.A.!:,f-4:,:r.,,:,,..4#4'4;:.-.-::,, q & ' - .--.7,---i.---:A.,- ;,0-,. ,f'•-11. ...t \A.,.. .; ft: .F1 4. ATE OF DELIVERY • ' '' • Cltin, Ktt't c . -"DATE Of DELIVERY-- ;. ...,,A.,,,;:ly AR,K s.1 .. .g a isal i'.::-•",,.-,;4'.,-;:,- :- ,"-N 1 0:i .. ' -.,.4.,,-,i..,! ., :..::--,;•... vie----- .-.::.:.„,. • ,i ,, , ADDRESS (COrnPiefe only if noquested). .1.--:::: , 5. ADDRESS (Campfire'only if ra uesfecl) as. *t..`. ,i,-0 :..,,.,,._ • ..-,. ..--• . ..:'_.:::'' ,. :.,,' . :.,,,,:.:4Z:4".‘„i '..,. . .-•••• '• -:'',....,-..-1 ,,,,,v.., %,...3.4 A- ,.. ?. ..7 .-.". / 1'''';1 .,A,.F.,, 6. UNABLE„TO.DELIVER. BCAUSE: - , ..CLERICS 1 ;:-'..;....."1 6. UNABLE TO DELIVER BECAUS.' cr, c,.,. ... . . • :---- -iNITI : - ..-,--.... '-. -:, . 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Republic Nat'l Bank of Dallas 1 .._.. . , ,. Pacific & Ervay - Dallas, TX - xl . , .. Z 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 6/572772 • 1 tv,:.71 ( i Alw obtain signature of addressee or agent) . . CI I have rece • he article described above. .r, SIGNATUR, • Addressee 0 Auth wyfRailk . 1 12-';'-'•es •I .-"' . . • T OF DELIVERY ? PO VIARK e"---' pi 0 7 1. I ... .•,'•34 5. ADDRE .y SY ii-umpiete or19? ny 1 rogues Nail , 6. UNABLE TO DELIVER BECAUSE: CLERICS •0 INITIALS 0..t. -> '-,• ' '',-.•r . ,.,......”-.,..-rn ■ ;:t'I'',"..., :- - - • i i t_LU t'AcLI..l) t I, • 41-7t,n1,,I="1.1:?.,7,-'-:-`."•- ----'" . ... ; ..",- -- "-- . .7 4 • • SENDER:Complete items I,2,and 3. ,4 .- .,.-„ :-, gig,,44. ,,•,,:. -:.V:i .SENDER: Complete Kam I,2,and 3. • • - . •,.. • • m Add your address in the''RETURN TO space on.c.'.-'•'' ;,,,.'„,•;".• .,-.'••-...;-! Add your eddreas in the"RETURN TO.*apace oo ••-I • o - i revers. z,,.‘•5 ..., . . W , :: I. The following service is requested(check one).•:: 4:till E.The following service LI requested(chuck one.)1•i f "i, -1- I Show to wheel and date delivered.....I..J..I.2!i ,,I. : :),, lrkShow to whom and date delivered.\dtrVi.ii i V, i..., 0 Show to whom,date,and address of li e ... •rii: Show to whom,date and addreu of dalivery.l.......t . .1 ?Al RESTRICTED DELIVERY . '. . "': '' / ": •-.2.'•...^.'--: -.Show to whom and date delivered .,,.•I RESTRICTED DELIVERY. ' .'.. . ".":„' ..,- . i .11 ; rs 0 RESTRICTED DELIVERY sl.. . r i-jt V". Show to whom and date delivered.\,f."....1.:,...-,- 1 0 RESTRICTED DELIVERY.".'..".'"'".1?3. ).1%),"Ay.".1.1 ...-1iy -4:-.44-;,.Show to wham,date,and address of delivery.S_:.. ,-.„ 1 . Show to whom,date,and address of de -. liverY.S. .- ".r •/ . , . . - • . i -'''.4; 'Rritf i(CONSULT POSTMASTER FOR FEES)"."' 'L'. .-"• -i",:•-.. , . , 1 • (CONSULT POSTMASTER.FOR'FEES).,,'-:•,-'`,,,, , '''''',, .., ' 2. ARTICLE ADDRESSED TO • .-* -74•-.,...-" -,.;,....;e.-jt: •,,..,,; -• lt,•ARTICLE MOOR=ED 7• 1 Ne15,,i-'6":"'sx,i0.,,,,,f4,0,-6..+.?..:, i t.„1 --'. 't-Wiffircigl-F&Vgan'Assoc.. ,7-rt, 14 i „ Box 4840 Aspen CO 81612 - Fremont, NB - ■ ii ,• t\,4 . - , 4 Z 3. ARTICLE DESCRIPTION:& -MMCLEDEECRIPTION:• . , . , D t.,44-494,:.e2 REGISTERED O. CERTIFIED NO,'' INSURED NO...., .-'4-"' . 11'. '.. '.4 m REGISTERED NO. CERTIFIED NO.:- i t 1.4 7,4 6572787 - - '. - --• 4 I i ' 6572781 ''.:" I ..; ).1;;14,4 ,kg- , . . . , . I (Always obtain signature of addressee Or agenti, '''•.''''414.• 'ttl'-'., ;P.,'(Always cbtaln 5:emirate of addressee'oiegrent) . . -,,, i. .m 41 r . i,-,C' I have received the article described above,i i".,".";:c.4."'" '3Z ..I have received the article described above. ,_ a ' .,. -.I - - 74 SIGNATURE 1:1 Addressee ,0,Authorized agent$ - ,,,,-,k,,r, • CNATURE ClIdstre lithortzed asset . "•' '• :I. '' .la • I p- P . •'-v• s .1;,../.‘43.,a ..,,I• cfilV, ,* -7-;?,/".•-■.4...: ,:-.. 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The following service is requested(check one). •,rs -- XW Show to whom and date delivered. t " I . a. • ag.Show to whom and date delivered ' - 0 Show to whom,date and address of delivery....-1 , i - -7,I 0 RESTRICTED DELIVERY r."" t.o, •-". 1 : tir o RShEoswTRtoicTwhiopm,DdaEteL,IavnEdRayddress of del lye?,.....„ ::"4 : • . -., „ ir i, :, - •,-- Show to whom and date delivered J '—is . • ,, Show to whom and date delivered......'.:..: '. ,/i :4e -. 0 RESTRICTED DELIVERY. . , , 0 RESTRICTED DELIVERY. . r 1 ''..;,-1 •' - • Show to whom.date,and addreu of delivery.S_ ' t Show to whom,date,and address of delivery.$ .:'''':. •:' ,•- I..;. - ••• (CONSULT POSTMASTER,F91EE9 , ,,. • (CONSULT POSTMASTER FOR FEES) ,-----, 2. ARTICLE ADDRESSED-I'Der•-• - ., '•,,', . Z ARTICLE ADCIFIEFD,TYLiN--,- 5..)rask,a_ State , • • . ilr t• --in t. `'., •,.—.......... -, ------- - --,....1,:hui ;, "Investrnent_ccxp - - — - :,.• ;-r-..... • East Sixth I i ,11 gtemmone, Box 806, Lewisville, ..'• '' k -4 Fremont, NB . . = TX . „ ( t.'". 3,. ARTICLE DESCRIPTION: ' t,. z, 3. ARTICLE DESCRIPTION: • 2..„. .. ,,,,,,... REGISTERED NO. •CERTIFIED NO: •• INSURED NO.. a.m REGISTERED NO CERTIFIED NO',' , INSURED NO...'-' - • rs ,• -I - 6572776 ,,, ;.- 16572782 ' I . ,1 l',..,,• - , . st • ,_ (Always obtain signature of addressee or agentl 4, obtain signature of addreseee or agentl • . m b a (Always obt ,-7, ..., I have received he article described above. "-, I have received the artielc described Above. m , g SIGNATURE G. Addre see 0 Authorized agent .. SIGNATURE CAddtestoe--- 6 thorised agent x■ i •' '•i p ■-. , 1 P r.)1\ . .,, (' DATE OF DELIVERY ,....--•-:-.: POSTMARK 1 c 57 DATE CIF_QCLIVERY : POSTMARK Da Z•1 5 _ c;--_,-/ , 4 ":.:',../-7 , .''' •"ri 5 ADDRESS (Complete only/a requ•sted) S.- ADDRESS IComptese on:,it requestedl o .. .t 2 C•1 ;-7:' 4‘f.:5 1- c/ i2•.• ' . . ' i ' '•'-i ■ ,r, D -I (1 'Ck(r. a . gt 7 6. UNABLE TO DELlytBECAUSE:".....—.-' CLERK'S ii. 6. Vit LET 6 DELIvER Bi.:CAUSE4 CLERK'S al Ci(c. '.... INITIALS 0 INITIALII \ " ''• 1 Is '''''' r- ' • / I 1970-300409 11.0•03 1•7•-.72-7112 ,. . . ' . ' . ''':'-:-.'''-'+'''.177177:1•:'''/...):442''.10. 1.......;4.,.2+L.**-.---..-,---•■••-•.-"."---------•-------'-`.-- ' - ut 410 ��tE 06 .. ->..� ... ✓.-,-..-.._.._......^..^i4F'+!•, a...•vrv,-.>�es A'"•�-1TO^:MT. �k..rq ,•t'. —_ ..,-• _-._ 1. SENDER:Complete items 12,andJ ..•▪ a f . .. Add your address in u. 'RETURN TO"spas on •SENDER: . Co nPlw hens 1,2,and 3. -' ,.! y revers. -n „r Add Your address In ds'•RETURN TO space a �•+ s v * J� r.va.. . , E ! '1. The following service is requested(check one) 1.•The following service is requested(check one.) i D g] Show to whom and date delivered..-: „_S' S i• v Show to whom,date,and address of delivery..... r t X� Show to whom and date delivered -t ❑ RESTRICTED DELIVERY ` t'` t g ❑•Show to whom,date and address of delivery. —d ❑ z. 0 RESTRICTED DELIVERY - Show to whom and date delivered.,.'..:-..:, to Show to whom and date delivered --* ❑ RESTRICTED DELIVERY. t:. ' e. ...::.0 O RESTRICTED DELIVERY. -,..1 Show to whom,date,and address of delivery.$ •t1 a ...Show to whom,date,and address of delhrory3_. (CONSULT POSTMASTER FOR FEES) r [qq-':• (CONSULT POSTMASTER FOR'FEES) 2. ARTICLE ADDRESSED TO: .: :r'c,C I I`, 2.'.ARTICLE ADOREIISEDTOi i Fort Worth Mortgage Co ; , First Western •Mortgage Corp. of Texas, 2626 West Freeway , � x °� Fort Worth, TX'. ? ik *: ., • - Box 2990, Fort Worth, TX 1 9 6 Z 3. ARTICLE DESCRIPTION: .,,,,:•.. ,.,. . .........",K, y • > N in REGISTERED NO. CERTIFIED Nib,' INSURED NO C n . ARTICLE DERI/TIO : - - n du,., m REGISTERED NO.. CERTIFIED NO. INSURED NO. v 6572769 ."■• -i • .`� - t(. ' 1 6572775 `• j i •m t (Always obtain signature of addrwa..w anent) 'A 1: ▪a °. 111 . l I I have received the article described above 1,..4.0 (Afwris obtain signature of iddntsN a arrant/+.- (` S+.i. m SIGNATURE ❑.Addressee ❑ Authorized agent t„ I have received the article described above.. ; x i .. 1 „.",.,1„,•4 p $10NA OAddr.taea.\ uthoriaed avant '� :.- �{ - 4`M''O , Td 1 ( E 4. A/ • � 1111 T Z{ d t. c •y E 0�9ELIV ; ARK •a 'fivE{ fe•, DATE OF DELIVERY �F ...Tu.RK . p ffl �jl a� , �� ' {` !C , I C a G .a l o S. ADDRESS (Comp et.only i t$R at!!!{ ' . L ADDRESS 1Casntslw a uoN N 'I 9 i.,, �v�of ri i i , a' a{ a �-6. UNABLE TO DELIVER BECAU Q' ERK'S K ;am L UNABLE TO DELW6R B C •• TAL F s '. G 1. D li Ma^A4 .V,:;S-; ?/� r + t H Sts -)5 o of >-e ra-sass. aPO:lareJee•aae • �-� >�.�ilaaebatl '#v .• i •I . • SENDER: Complete items 1,2,and 3.. .> r..4-4:-.., 1, r�I • SENDER: Complete items 1,2,and 3. r . ii Add your address m the"RETURN TO space on I o Add your address in the•'RETURN TO sp ce o e I ° revers. '3 revers. 1 1 <A 3t = 1. The following service is requested(check ors1e "' 1,, _ I. TI e following service is requested(check one). . Show to whom and date delivered. ■ �'T•> a Show to whom and date delivered —C i .;-i:',,,% �'e Show to whom,date,and address of delivery:.ice' I m ❑ Show to whom,date,and address of delivery.._____it J RESTRICTED DELIVERY •, RESTRICTED DELIVERY • y Show to whom and date delivered �Q Show to whom and date delivered... 4' ❑ RESTRICTED DELIVERY. RESTRICTED DELIVERY., ; Show to whom,date,and address of delivery.$ +I I'I,E i.- Show to whom,date,and address of delivery.S___ - -�-w 1 t', (CONSULT POSTMASTER FOR FEES) �K I (CONSULT'POSTMASTER:FOR FEES) • .`ii s 2 ARTICLE ADDRESSED-TO .. -f�•t 2. ARTICLE ADDRESSED TO .�,f- .--- tr a�.aS v�ngs E.V. Chilson- &' Co r �,?r sr' x;oan As ooiatiori, 801_ �S Box 4840 1 • 'm Lincoln Highway, Fairview at Aspen, CO 81612 m 1 ' s.`Z Heights, IL z / Z 3. ARTICLE DESCRIPTION: s 3. ARTICLE DESCRIPTION: r 9 m REGISTERED NO.. CERTIFIED NO. I. t (1 N .m .REGISTERED NO. CERTIFIED NO. INSURED NO. n ����� I, r'.4,-m • 6572784 f I � ' I m I (Always obtain signature of address..or agent) j.s...,m 1 (Always obtain miniature of address.or aosntl I have received the article described above. o• 'D I have rgceived the article described above.(0- ,` , H a` l y g A�J'Autorid agent � i++>-::t „r I '”' DATE OF ELIVE•v - STM RK I 9 ATE OF DELIVERY z PO$TMARK • in (6 9\ ,,;'3 D S. ADDRESS (Complete only it requested) ' rs . 'US1 ! ▪ r;o S. ADDRESS (Complete only if requested)i HE'4,i1 01 y,i T aV W" 6. UNABLE TO DELIVER ECA'1St:r�, CLERK'S m 6. UNABLE TO DELIVER BECAUSE: .j�f (- �.I�S i 4,fT1 _ t�a1 A INITIALS O f t, Ct r if r ' t nn-s>a-a.a j _., ,.„ "u"410. PAGE 105 . • .,:. .. la • SENDER:Complete item I,2,and 3. . s • • er 0 SENDER: Complete name I,2,sod 3. Add your address M the"RETURN TO space on•-•••i- ,-•.,t I 7,* - . , Add Yo,451.4 In the-RETURN TOInPun Mtn& ,;, ;.... i The [lowing service is requested(check one).:.•4;;;,--.: ,.....0.. 1. The foilowing service is requested(check one.)--i.;,,,,z-. • * . -...: Show t whom and date delivered .- u -- j .‘,.. .i. .. E sshhmo.:0.wwhho;„,am,andadtedariateddaeliddiessvcrecLof deway.....:: '-`7,,,:. .. ''',Itl ' Show t whom,date,and address of delivery....__4 jel.•;,. 0 RESTRI ED DELIVERY . .. ,-' ,' :. . I '' 0 RESTRICTED DELIVERY % .:.l..,....- 1.•.• ,,,,,... Show to whom and date delivered, 41-31,:: 1,i,A,„ ..Show t whom and date delivered . .. 'f'''''''' ..V • i ?' ''''' .. • yr, 0 RF-STRICIED DEUVERY. .:'.1...,:,-:^,-....---;:.' •,•4••'.* -4 D RESTRICTED DELIVERY. . ....-.-...',.-:',`-.‘ ...-I : ,. . Show to whom,date u.and addra of delivery$_...,,.., .1,.id., Show to whom date and address of delivery '..” -1 '' .•' ry. 77- .1 'r . - :.. :* -.-;:,,' 1,-"•.:, .;.,.„,..,,,,,(CONSL LT POSTMASTER FOR FEES) ..-47... •-• i i:''•'.. .'... (CONSULT POSTMASTER FOR FEES) ,-l..;-*;-;.:,;;,- •A".,../--, ,r ... '.,;:o. „ ,,• I ' . ,. ... •IravARTICt.E.,ADDREsSED,Toa-FLIZ4"..) -..lAT6 t C4 K.I.,,I r . 2...ARTICLE ADDRESSED.T01 TgFort Worth rxig .9P45,9 1iP'-' rir::.,...7 1 1 Mortgage Corp C k' 2; 16;07.'''AV biviiiOn\77::: .' P• , 2626 West . - ,.. . tar%.-• --ockolfi •ear•iim...-1.34.4...,-,,''.--)-""-"M. -.- .'-. 1 . x Freeway, Fort Worth, TX . ,-......• • . . , 4,Iiack,;Iftrt,A-..i."sid2,,i21::;ia.b. ' '”" - 41 i 2 .-,76 ,•:-., 3* ARTICLE DESCRIPTION: I •[I,' 3. ARTICLE DESCRIPTIONr - • ' '• *.''.-14, REGISTERED NO.- CERTIFIED NO.. . INSURED NO. " 1 . . . , , .Y04 q 5 7 2 7 6 8 • --•-•-• *...--;• 7'' ' ' .-1 io " . - -, -) g ...Z- REDI NO. CERTIFIED NO. INSURED:VD. • :2 ""••'••: . , ... 6572774 4;..„,. • : 1:- (Always obtain signature of addressee or agent) .. :) ' 0C:l (AlWays obtain signature of addraess,or agent) .• . e 2 1 have received the article described above. . ...,,.. ,.1 l .,,' I have received the article described above.- • ' ,,-i,,,,.;;•:.,,. 2' „?; .k. SIGNA • _. 0 Addre • 0 Authorized agent '•i, [ ' ,1,' SIGMA i °Addressee Otis aunt 4,-. ".•• f :-:A': "s"-- A - • -'::"i',"%••'"'".---" :., , - •"•- r _.-•'..."';' ' 'I t, . ,•-::%--f,:::- .1.- i ■ E I" c .. •. E piDELI •• At • .. . ,..-: - :,.XpO..fich: , vt • g DA OF 71,..,VEillimYy,1..9,8; 4...„),,,:tog 4, ....14.;;;., . › s.-Asc,RE s (c...,..0„,,,,,rogue ted ,, ' "Y)'• Z ' ' '.' ;' 2 & ADORES;IComplete Doty II Z ' 0 1 CA ; '..,• ,• ...4 ,,...T: f -4.. ..'..;r.. ,-.4..1...I%':-..-1'-,:f=-•':',.=-.e....,"-- ' - 19■1 ' •-." . g . -- "-,;4" 190 - k4'.'.i;-; :',;.',..,..",..:., -.t,,;,ttot;Tv';'.-"-.-.1.:3-.‘3,* , , -77,-., •or• .4:1 1 ,. 2r - -.- 0.., t .2.-3,',.' ,*:-- ' • ••'•-' '— , i .._ _, ...4. 6.UNABLE TO DELIVER BECAUSE LE 6 UNABLE TO DELtv ER B • 1 Lu.- 1 ECAUSE. ■ 101'IS :14 '', 1"`r.4q,173 '' '.':,,-..,;'..,;;'•,,;•:,.:,;.',,-„,:,.. , :-.--- •:'. Ct 'Al.t * C.' '''.'l ;:;.•.i'f...-"C.:,'''*itliti',•,ti•;.-4471/•'_', --:‘'-:-. -' . . 1 t f . 9- ...- .. ,.., . -lifiti7:::;:::::,,:„. ,,... . „Ng 1 . ... *aro:11170-272-31.1 ".4 I : — ., . . . • - .,_ •..1:pG1.0:1970-11100-16go,:i&ii. ! KA.'TP':::';',Y..- 1:.:4.,;'1""--:,, z--r:-'14-. '.' .--,"-':"--',....sr. ':' '.----.....-',..-'',4 • . . ' .: ''-'''', -.''--',:tr-'1,-,1::-...-.- .I'.'; --4,':'.‘‘i,,,'",.C:-:";`;',.;V- 4.,"-.•.; .;-:-..,,-;,'"?:,--,-;'" ...,,,-.."-......S..).-- ..-,---,;:-.:-. , . .. .,, ..... . _ ,„.,, , . SENDER: Complete terns I in and? . , , ,•:").":': r a • SENDER: Complete items 1,2,and 3. . • :.- ..-- Add your address tn the -;:•,is '-,;:,,-,.: i , , . .. Add your address to the"RETURN TO".space on • -., .......d. ' ---2•,, .- , ;: .. •RETURN TO space on• - I t ' ;r, reverse. .; t i reverse. , .., . ...0 ..,, I: , I The following service is (check one) .,.; 1. The following service is requested(check one), ..,:c st...,...,:,.., ,44-4•4 . . .. • FkShow to whom and date delivered ..-.","..24. . Show to whom and date delivered 4 . ' - . i ' .al-Show to whom,date,and address of delivery..,..'L....._4: 7...7,,-:, Show to whom,date,and address of.delivery......_¢ . re' "* l ir, 0 RESTRICTED DELIVERY •- ..: ,..,S, ,:,1'.- . 0 RESTRICTED DELIVERY. ' - I I i--. .., . .:• Show to whom and date delivered 4 ; 1 Show to whom and date delivered... .. ......____. ,,. - !1 RESTRICTED DELIVERY. A 0 RESTRICTED DELIVERY. ,-..,.; .„ ,, ,. . Show to whom,date,and address of delivery.f_• ':-.r. . Show to whom,date,and address of delivery.1- 'j i r. (CONSULT POSTMASTER FOR FEES) ft 'l (CONSULT POSTMASTER FOR FEES) k•-'''•. :'" . I lc'• • F""• .-." .:-." et •.••••"c„. 42.ikRiicizE ADDRESSED TO: National , 2. ARTICLE ADDRESSED TO: Gla:n n L-__, • Goxf Savings . . i,-•, ., ' f,-:".■;0--"'A''''''"'1..".•"'" - 6,,t-,,I.ManWAsoc.rataon,,G an or .4 , :". 0x1-11:bLIUMblecrsilaBn'rsIkSqu'rarr:st Co !If::: . • . - • !,-%-El ' I 8 Muskegon, MI 49443 . _ , • 3, • z 3. ARTICLE DESCRIPTION: - 2 3. ARTICLE DESCRIPTION: . or REGISTERED NO. CERTIFIED NO. I INSURED NO..,-... -;.,.• ', .;... ,g, REGISTERED NO. CERTIFIED NO. 1 INSURED NO. n . m 6572786 . 1 --. ' ;4<kir 6572785 I , . -7, :-1 - v ,-.- -I a, I (Always obtain signature of addressee or aoentl -,,:•.4. • i (Always obtain signature of addressee or agent) .. 1 n, • I have re4i d th article\cdes . • Aave. • -.,4-- ',1•::,' ,...-Y 52 I have received the article described above. ' 74 SIG NAT D A t ressee Ili horiced agent 4 SIGNATURE 0 Addressee 12 Author'', • • . ti .t. "' l"t • g ...: ,T, • '/ . ' d 4 ■-fAlc' • G4 , P P t /11/6 /7,C,.1",,, ',' 4,- it"..-•i' 4 4 • DAT F 11E1.1 R ••. ,pos/mAli \ 141• \,,lk I-% • 1 :•t 2.• '‘8 DATE OF DE/EIVERY i."•-•••''l • pos31 0 , ,,,,, 3 "r7 ' • C . , 1 S 'r- ill ' > 5. ADDRESS (Comp/sItts only if requistada nfil ;.,... ' ow tehor 1981 ,...,1 5. ADDRESS (Complete only if request* L../ '..r , 2 '5' 0 V QI.,30',/ <0 , o ---CLERK'S ',A: Ic•;". "," 6. UNABLE TO DELIVER BEGA4b CLERK'S 1'• 6. UNABLE TO DELIVER BECAUSE: . ' INITIALS .Ar; f,'.• .7; : •,•,;;.,. 0 Ny 123 INITIALS ' G ' t'.',-:-3 • ' .. V' I ' •• , ,-• . C -F • F . *0•01 1117.-17 z-3.:,-1:4-, ,..1-o•o:1./..271-3•2 . ,,c4,, . I . . . .-,7 ,. . .. •, ,..., IL, . buu^410 P,,cE104 HOLDER OF FIRST UNIT MORTGAGE OR INSTRU BOOK & NO. OWNER DEED OF TRUST MENT* PAGE 12 Earl M. and Marilyn E.V. Chilson & DOT 329/656 Latterman, 1230 Company, Box Squirrel Hill Avenue, 4840, Aspen, CO Pittsburgh, PA 15217 81612 Nebraska State ASN 330/562 Savings & Loan • Association, East Sixth Fremont, NB I 13 Calvin Lui Colonial Investment DOT 375/174 Hawaiian Adventure Corporation, 217 1833 Kalakaua S. Stemmons, Box Honolulu, HI 96815 806, Lewisville, Texas 14 Jamie Sada Aspen Home DOT 388/77 Box 73, Colonia Mortgage del Valle, Nuevo Corporation Leon, Mexico Box E-3, Aspen, Conveyed by QCD Colorado 81612 on 3/11/80, Bk. 384 , pg. 819, to Sabinio King City Federal ASN 383/81 Valley, N.V. Savings and Loan Association 117 North Tenth Mount Vernon, IL 15 James M. Nicklos Republic National DOT 404/688 Stella J. Nicklos Bank of Dallas 3015 Del Monte Pacific & Ervay Houston, TX 77019 Dallas, Texas * NOTE: DOT = Deed of trust ASN = Assignment of deed of trust 1 411;11h1 The foregoing AFFIDAVAT OF MAILING As subscribed and Isworn to before me this 4th day of cur , 1981, by i - G cur My commission expires ' //)"/.f°1- .0., m-",,•,Witness my hand and official seal. I, n • _ Notary Public(6,. ../W.A_..1.4.4_,) • _ * ' '. 3, , • 1 1 -3- j Mu^410 PAGE 1.0 HOLDER OF FIRST UNIT MORTGAGE OR INSTRU- BOOK & NO. OWNER DEED OF TRUST MENT* PAGE 5 Richard F. and National Lumber- DOT 362/623 Sylvia Kaufman man's Bank & 740 Lake Drive, Trust Co. , One North Muskegon, Lumberman' s Square, MI 49443 Muskegon, MI 49443 6 Dean L. and None Marilyn Greenberg, Box 129, Sioux City Cold Storage, Newport, MN 55055 7 Bryan Wilson First Western Mort- DOT 364/479 1938 Coldwater gage Corporation of Canyon, Beverly Texas, Box 2990, Hills, CA 92210 Fort Worth, TX 76101 Fort Worth Mortgage ASN 364/485 Corporation, 2626 West Freeway, Fort Worth, Texas Industrial Savings & Loan Association, _ 801 Lincoln Highway, Fairview Heights, IL ASN 366/173 8 Dr. Lee & Gertrude None Gladstone, 1212 Lake Shore Drive, #23AS, Chicago, IL 60610 9 Samuel Lehrman E.V. Chilson & DOT 391/594 Box 10061 Company, Box Aspen, CO 81612 4840, Aspen, CO 81612 Nebraska State ASN 392/424 Savings & Loan Association, East Sixth, Fremont, NB 10 Nathan Landow None 4710 Bethesda Avenue Bethesda, MD 20014 11 David & Elizabeth None Kruidenier, c/o Aspen Properties Box 10502 Aspen, CO 81612 -2- Reception# 233616 Recorded at 1: .8PM June 18, 1981 Loretta Banner, Recorder: AFFIDAVIT OF MAILING OF DUUi419. THE FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS • STATE OF COLORADO ) ss. COUNTY OF PITKIN The undersigned, first being duly sworn, deposes and says that a true and correct copy of the attached First Amendment to the Condominium Declaration for the Clarendon Condominiums, together with the attached amended Exhibit "B" to such Declaratic and a copy of the First Amendment to the Condominium Map sheet 3A of 4, was mailed by certified mail, return receipt requested, this 4th day of . May . , 1981, to all of the first mortgage or first deed of trust holders and assignees thereof of a Clarendon Condominium Unit as follows. _ HOLDER OF FIRST UNIT MORTGAGE OR INSTRU- BOOK & NO. OWNER DEED OF TRUST MENT* PAGE 1 Robert N. Noyce None and Ann S. Bowers 690 Loyola Drive Los Altos, CA 94022 2 Schak & Schakowsky First Western DOT 320/352 Partnership Mortgage Corpor- 3418 West Main Street ation, Box 5808, Skokie, IL 62650 Arlington, TX 76011 Fort Worth ASN 320/359 Mortgage Corpor- ation, 2626 West Freeway, Fort Worth, Texas Glandorf Savings ASN 324/719 and Loan Associa- tion, Glandorf, OH 3 Donald E. Kolmer, None D.D.S. , 302 Farmers Bank • Building, Jack- sonville, IL 62650 4 James S. & Joy None Dubose Box 2990 Fort Worth, TX 76113 ded at 1:57PM June 18, 1981 ztta Banner, RecorderReceptioi "�. �►3b.15 JOSEPH E. EDWARDS, JR. ATTORNEY AT LAW THE JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET,SUITE#109 ASPEN, COLORADO 81611 TELEPHONE (303) 925-7116 • bUUA 0 F 101 1 .1 May 1, 1981 C Re: Gentlemen, You are the holder or prior holder of a deed of trust encumbering the above referenced condominium unit. The owners of Unit 12 in such condominium have added on. a bedroom to their unit which has made necessary a minor change to Exhibit B to the Condominium Declaration, which exhibit apportioned the various voting and assessment points among the respective units. Paragraph 12. 2 of the original Condominium Declaration provided that the Declaration may be amended but that any such amendment should not be effective until thirty (30) days after written notification of the amendment is sent to all first mortgagees of record. Therefore, we are enclosing a copy of the First Amendment to the Condominium Declaration and the First Amendment to the Map thereof for the purpose of complying with this provision of the Declaration. If you have any questions or comments , please feel free to contact me. Very truly yours, Jos-p ::wa . -, r. At .orne �` • Earl Latterman, Owner of Unit 12, Clarendon Condominiums JEE ch Enclosures Qvun410 KEIOQ • ACTIO1: OF THE BOARD OF DIRECTORS O7 TUC C:. a:Do�; CO?;C'�'•'_i�•lli;?.( ' • • • ASSOCIA O.:: UITHOUT A u 1 Il.0 Section Iv( 8) of the By-Laws of the Clarendon Condo- . minium Association, Inc . , provides that action may be taken by the B:?ard of Directors without a meeting if a writ(,ei? consent Setting forth the action to be taken shall be signed by all of the Directors . . • ' 1 . The entire Board Of Directors hereby consents in writing to the within action by the Board without the necessity — • a formal meeting. . That a cop_; -of this consent and action shall be placed with the minutes and other records of the Board . • 2 . That subject to the provisions hereof, the owners of • unit 12 , Earl and :Marilyn Latterman and. their agents shall be , I granted a license to encroach upon and modify the general co ,.or elements of the Clarendon Condominiums as reasonably necessary • to construct a third bedroom addition to such unit shown in • and described in Exhibit "A" hereto an the drawing attached as • the Indemnity Agreement attached as Exhibit "B" . 3 . That the president and secretary of the Association are authorized and instructed to execute the Indemnity- Ac;reemeni (Exhibit "B") , which is incorporated herein by this reference . 4 . That such construction shall take place during_ the period from Labor Day to December 15 or April 1 to June 15 . The Lattermans shall reasonably attempt to coordinate such construction with the replacement of the condominium roof . The Lattermans shall not actually begin construction until ten (10) days after the Lattermans and their contractors ' comeletio and performance bond has been furnished to the .Asseciation' s attorney and president. • 5 . That the president and secretary are authorized and instructed in behalf of the Association to execute as co- applicants with the Lattermans, an application to amend the ' approved P.U.D . plan for the Clarendon Condominiums so long as all expense connected with processing such application shall be borne by the Lattermans. DATED this Zi day of 1980 . 14 LI X /2 „,j, __ . • Director . Director .•Director _ Director .• . Director i . . •• . . • .: . . : - . . . • . • • ""41U - 9c • • ACTION 0:' THE BOARD 0:7 UIP CTORS OE, THE CL?.!' _:DliN COsiDO.•.l.iLl .� ASSOCI.-`_TIO.`; i;ITHO T . 'l'I EETt`iG ' • • J V 1 Section IV( 8) of the By-Laws of the Clarendon Condo-minium .ssocin tic:1, Inc. , provides that action may be taken by the Eo:rd of Directors without a meeting if a wrlLLn co:; 'nt setting forth the act ion • to be taken shall be signed by all of the Directors . ' • • 1 . The entire Board of Directors hereby consents in • writing to the within action by the Board without the nAcescity of a formal meeting. That a copy of this consent and action shall be placed with the minutes ancrother records of the Board. 2. That subject to the provisions hereof, the owners of unit 12 , Earl and Marilyn Latterman and their agents shall be . granted a license to encroach upon and modify the general common elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit shown in the drawing attached as Exhibit "A" hereto and described in the Indemnity Agreement attached as Exhibit "B" . • • 3 . That the president and secretary of the Association are authorized and instructed to execute the Indemnity Agreement • (Exhibit "B") , which is incorporated herein by this reference. 4 . That such construction shall take place during the period from Labor Day to December 15 or April 1 to Jane 15 . The Lattermans shall reasonably attempt to coordinate such construction with the replacement of the condominium roof. The Lattermans shall not actually begin construction until ten • • ( 10) days after the Lattermans and their contractors ' completion and performance bond has been furnished to the Association ' s attorney and president. • 5. That the president and secretary are authorized and instructed in behalf of the Association to execute as co- applicants with the Lattermans, an application to amend the approved P. U. D. plan for the Clarendon Condominiums so long as all expense connected with processing such application shall be borne by the Lattermans. p' TED this a3 day of / 1980. X Director Director Director Director • Director I 6Vun410 ,P,\CE 98 ACTION OF THE DOA D OF Dom?=CTORS . . OF THE: cL,ARE co:iD:;:.{1_;_ ;:•i • . . , ASSOCIATION WITHOUT :. i•i:ET INC Section IV( 3) of the By-Laws of the Clarendon Condo- . . minium Association, Inc . , provides that action may be taken by the B ?,rd of Directors without a mecLing if a written coif; nii setting forth the action to be taken shall be signed by all of tha Directors . 1 . The entire Board of Directors hereby consents in writing to the within action by the Board without the necessity _ a formal meeting. That a copy o f this consent and action shall • be placed with the minutes and other records of the Board. 2 . That subject to the provisions hereof, the owners of. unit 12 , Earl and rarilyn Latterman and their agents shall be granted a license to encroach upon and modify the general co:r_nol elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit shown in the drawing attached as Exhibit "A" hereto and described in � . - the Indemnity Agreement attached as Exhibit "B" . • • 3 . That the president and secretary of the Association . are authorized and instructed to execute the Indemnity Agree;^en (Exhibit "B") , which is incorporated herein by this reference. 4 . That such construction shall take place during the period from Labor Day to December 15 or April 1 to June 15.. The Lattermans shall reasonably attempt to coordinate such • construction with the replacement of the condominium roof.. • The Lattermans shall not actually begin construction until ten (10) days after the Lattermans and their contractors ' complet.io, and performance bond has been furnished to the Association ' s attorney and president. 5. That the president and secretary are authorized and instructed in behalf of the Association to execute as co- japplicants with the Lattermans , an application to amend the. ' approved P. U.D . plan for the Clarendon Condominiums so long as all expense connected with processing such application shall be. borne by the Lattermans. DATED this /a`_ day of )4.1.02-e_ , 1980. • X:_zat. 2_44.2.:cr- Dir ctor Director ( (-18./ �4//e1/-7-s7_/ Director /7 / Director • - Director • • buun410 PAHH 97 ACTION OF THE BOARD OF DIRECTORS OF THE CLARENDON CONDOMINIUM ASSOCIATION WITHOUT A MEETING • Section IV(8) of the By-Laws of the Clarendon Condo- minium Association, Inc. , provides that action maybe taken by the Board of Directors without a meeting if a written consent setting forth the action to be taken shall be signed by all of the Directors . • 1. The entire Board of Directors hereby consents in writing to the within action by the Board without the necessity of. a formal meeting. That a copy off' this consent and action shall be placed with the minutes and other records of the Board. 2. That subject to the provisions hereof, the owners of • unit 12, Earl and Marilyn Latterman and their agents shall be granted a license to encroach upon and modify the general common elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit shown in the drawing attached as Exhibit "A" hereto and described in the Indemnity Agreement attached as Exhibit "B" . • 3 . That the president and secretary of the Association - are authorized and instructed to execute the Indemnity Agreement (Exhibit "B" ) , which is incorporated herein by this reference. 4. That such construction shall take place during the period from Labor Day to December 15 or April 1 to June 15 . The Lattermans shall reasonably attempt to coordinate such construction with the replacement of the condominium roof . The Lattermans shall not actually begin construction until ten (10) days after the Lattermans and their contractors ' completion and performance bond hab been furnished to the Association ' s attorney and president. 5. That the president and secretary are authorized and . instructed in behalf of the Association to execute as co- applicants with the Lattermans, an application to amend the approved P. U. D. plan for the Clarendon Condominiums so long as. all expense connected with processing such application shall be borne by the Lattermans. �\ DATED this U 4y of 7114-71-e___----, 1980. ISirecto ( ` Director Director Director D� tr or • "410 PAGE 96 I COUNTERPART SIGNATURE AND .•1 ACKNOWLEDGEMENT PAGE FOR h 11 ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE • .I� CLARENDON CONDOMINIUMS II li ' The undersigned, being one of the owners of a condominium 11 unit, Clarendon Condominiums, County of Pitkin, State of 1I Colorado, hereby acknowledges reciept of and his/her execution !1 of a counterpart of the First Amendment to Condominium I I�. Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this I' signature and acknowledgement page to the master First 1 Amendment to Condominium Declaration for the Clarendon I ! i Condominiums, to be recorded, hereby ratifying and •confirming lili said act of attachment for all intents and purposes as if — 11 the undersigned had executed the_ master recorded First Amendmel • to the Condominium Declaration for. Clarendon Condominiums. .. j DATED this 4 day of 1W6-'0`-->7 1980. . • 1 OWNER: , (:___;% )-",„, NI, '-; ((& I II OWNER: - i/ 1i ( Ij , I I STATE OF �,..Q/�0.p� ) ss. • I; COUNTY OF II 1"I.0 • ) iiThe foregoing instrument was acknowledged before me this ek,day of k , 1980, by it — — — — -- . S: ''`t �, ':;, WIZ•I FSS my hand and official seal. ., . .'i `•My .commission expires: 5-\2,-g1, It 0 ) t `�•• -\ <c z, Notary Fubiit 1 .., ■ • Cathey Romack nl �� Oh"- Notary Public In and For ,• •Harris County, Texas iI II ,. ...1 ,, ,, I1 „ • iiut,410 PAGE 9D COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR • ATTACHMENT TO FIRST AMEND- • MENT TO THE CONDOMINIUM 1 DECLARATION FOR THE • CLARENDON CONDOMINIUMS 1 The undersigned, being one of the owners of a condominium II unit, Clarendon Condominiums, County of Pitkin, State of I Colorado, hereby acknowledges reciept of and his/her execution iI I I I of a counterpart of the First Amendment to Condominium • 'I Declaration for Clarendon Condominiums dated as of II 1980, the undersigned hereby authorizes the attachment of this 1 1 signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. j DATED this 29thday of September 1980. it I ii OWNER: SABINIO VALLEY N.V:7, a Netherlands Antilles ; Corporation j / j Jaime Sada, Managing Director STATE OF COLORADO ) SS. 1 COUNTY OF PITKIN ) I I � II The foregoing instrument was acknowledged before me this I I 29thday of September , 1980, by JAIME SADA, Managing : Director of Sabinio Valley,N.V. , a Netherlands Antilles corporation. 11`.",...:. WITNESS my hand and. official seal. j;�; c,\ , ~•.,My; commission expires: November 7, 1983 • t\ Notary`,r ublic L�• �YIJ�0 I `J •W , ' I I I 11 1 11 1 I biUr 410 PACE 94 I COUNTERPART SIGNATURE AND 111 ACKNOWLEDGEMENT PAGE FOR I� ATTACHMENT TO FIRST AMEND- . �I MENT TO THE CONDOMINIUM I DECLARATION FOR THE Ii CLARENDON CONDOMINIUMS 11 II • . The undersigned, being one of the owners of a condominiun 11 unit, Clarendon Condominiums, County of Pitkin, State of IIColorado, hereby acknowledges reciept of and his/her execution 11 of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of l 'I 1980, the undersigned hereby authorizes the 'attachment of this 11 signature and acknowledgement page to the master First 11 Amendment to Condominium Declaration for the Clarendon II Condominiums, to be recorded, hereby ratifying and confirming 1 said act of attachment for all intents and purposes as if i the undersigned had executed the master. recorded First Amendme to the Condominium Declaration for Clarendon Condominiums. II DATED this ��"! day of , 1980. ' •. 4 2/12tZer I OWNER: � , /�`'1 ." 1 11 C___ -/II OWNER: I 1 1'1 STATE OF HAWAII ) l Ss. City & II COUNTY OF Honolulu ) li, I 11 The foregoing instrument was acknowledged before me thi: I II 29thday of July , 1980, by Calvin W. Lui II _% II WITNESS my hand and official seal. .o) ',,,,,,,„My commission expires:_ January 24, 1982 \ '•111 '' ,/ ,-�`I`.r " Y _ 1st Judicial Circu Notary Public i' - State of Hawaii . �I`� D.1.-\ . • 1 II II II °'""410• PAGE 93 li COUNTERPART SIGNATURE AND 1 ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE • CLARENDON CONDOMINIUMS ,I • The undersigned, being one of the owners of a condominium Ii unit, Clarendon Condominiums, County of Pitkin, State of • 1 IIColorado, hereby acknowledges reciept of and his/her execution I i of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this • signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if ,I the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. a ►,I DATED this ) \day of , 1980. - Ii OWNER: 1'I��, J 1 • II STATE OF ss. COUNTY OF I \ The foregoing instrument was acknowledged before me this ���day of a�1\1, 1980, by ,(7-1-_L(%t i t CL.A-& \vim WITNESS:•my •hand and o�ficial seal._ ` -, 'My commission expires c - L_ d Notary Pubkic • it !1 Ij ii I I jU,410 PAGE 92 it COUNTERPART SIGNATURE AND II ACKNOWLEDGEMENT PAGE FOR I ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS 11 . ,I . The undersigned, being one of the owners of a condominium I unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution IIof a counterpart of the First Amendment to Condominium 1 Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First 1! Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming . said act of attachment for all intents and purposes as if • - q the undersigned had executed the_ master recorded First Amendme: it i to --he Condominium for Clarendon Condominiums. I� DATED this / day af��� • , 1980. .. 1 OWNER: /..____ ri il �2�u�� / �! li OWNER: is a it 1I , STATE OF //4•:,/,!/,;,,, ) • 1i ) ss. i, COUNTY OF/�!'i.;/`'-'2'`�/ ) I� ii j The foregoing instrument was acknowledged before me thi: 1i ' (/'A day of ,•/;r; ;,,,/„' , 1980, by !-/ 1 I,, /✓�i'.,�, (.., II WITNESS my hand and official seal. - �`-•r.;,T My commission expires: _ .�• .! I! �� 'P‘ V.I. 1 I l / i/ � f4,. i :> Notary Public / p •r 1 II Ii 1 I It il li j I . i UN,,- q COUNTERPART SIGNATURE AND ACKNOWLEDGEMENV 13A4E48 PAGE5 8 FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her _ execution of a counterpart of the Second Amendment to Condominium Declaration for Clarendon Condominiums dated AN) RAL z: , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 31e. day of MA?! 1982 . 4.11 flO (IWNL OWNE 4� STATE OF %s ) ss. COUNTY OF 4_4_1,4_,/r ) The foregoing instrument was acknowledged before me this .3b / day of ,ay , 1982 , by T S. ' -vs-,5 and .71, / 4. �ugOs My commission expires 34r/1r My address is P c. ,„- 3-99e. /m--.02i i ok%% i'/ Witness my hand and official se,- 1. ,.•°'' ••••. •. otar Public f �' y:�,�, ,vCkh..,L,c OAleS At fi•:''- c,- �A T T .] UNIT BOOR 448 FaGE589 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her • . execution of a counterpart of the Second Amendment to' . Condominium Declaration for Clarendon Condominiums dated P ' L Z3 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second — ", Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming • the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums . Dated the 76 day of / fit 1982 . OW ER _ C OWNE STATE OF M(Ly{64 .N ss. COUNTY OF Mo5JctAlo J ) The foregoing instrument was acknowledged before me this .27,-r1 day of CG -[.P , 1982 , by Richard F. Kaufman and Sylvia Kaufman My commission expires My address is 711 ..-, , ?% Ji�- Witness my hand and official seal. ;?‘ •ISAi y, - J. -�-' • C_ Notary Public , s , +i` m':'w' 1 �� 'T BOOK 448 PAGE590 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE ` CLARENDON CONDOMINIUMS 1 JThe undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her . 1 execution of a counterpart of the Second Amendment to Condominium Declaration for Clarendon Condominiums dated PP19..%L 2.3 , 1982 , and authorizes the attachment of } this signature and acknowledgement page to the master Second J Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming i ' the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second . Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 26th day of April , 1982 . /00.241 ;:i( 4 ),/ OWNER 'f,,", ( 0, 11 OWNER 1 I j STATE OF Minnesota ) I ) ss. COUNTY OF Dakota ) I The foregoing instrument was acknowledged before me this 26th day of April , 1982 , by Dean Greenberg and Marilyn Greenberg • My commission expires December 6, 1988 My address is 3877 Conroy Trail, Inver Grove.Hgts. , MI 55075 Witness my hand and official seal. ..-. SANDRA .). BRUSH _ - 1-d.1 NOTARY PUBLIC-MINNESOTA 11 DAKOTA COUNTY My m n expire K Dec. 6, 1988 ota y Pub c z, R \J h) i -- 7 BOOK 448 PAGE591 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS • The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin,• State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. . Condominium Declaration for Clarendon Condominiums dated A?e%t__ - - , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second — Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. • Dated the ,,26F day of � �'. 1982 . OWNER OWNER STATE OF (-39,C 1-p,e,)•A ) ss. COUNTY OF/Os A/ tLES ) The foregoing instrument was acknowledged before me this 'p'- day of 4/°ie, L- , 1982 , by 13Ri,9J u), Lro3 and . My commission expires My address is Witness my hand and official seal. AO ' �� , i Notary Public ..,� OFFICIAL SEAL IRIS LEEDS '6 o 4, ^ NOTARY PUBLIC • CALIFORNIA >�f r' •' LOS ANGELES COUNTY ' <__.^'° My comm. expires AUG 27, 1982 I, UH rr BOOK 448 P4GE 592 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to• Condominium Declaration for Clarendon Condominiums dated A.p RuL 2.3 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' . Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. . 1 Dated the L' day of , 1982 . OWNER V • "if...-6L..,41,4j6. !' OWNER STATE OF =Z-4///)0/3 ) ,owl,..... , ss. ' COUNTY OF C-oci - ) `'�,9I The foregoing instrument was acknowledged before r ,-_tia. this day of / 2)/ i/ 1982 , by .w_ b•, LSE 62/-pk)S'*' ) and --{ ,.,;,_-_)6- 6:./::.?,c ; ' Q t My commission expires My Commission Expires March 20, 1985 My address is /)C, )0/ ,C a/62.(4..-e).&.?2,e, c/.>-y/0/-2 JricL7Uii C Witness my hand and official seal. C.-r, r;( ,_ 7` •( ,^"-- 7-t'C ` Not, ry Public CT MOH 448 P GE59'3 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to Condominium Declaration for Clarendon Condominiums dated PrP .tt_ 2. , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second — Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 21, day of APP-(c/ , 982 ., (7Z,-au� �-t__/ ER OWNER ' STATE OF / r'y/ct./21-. ) y�, ) ss. COUNTY OF�r/�cYPCme/' / ) The foregoing instrument was acknowledged before me this ,?&c)1.-h }ay of Jp�%/ , 1982 , by /l/alh�c� Lar7do6�' and . My commission expires `-J"4' /1 �f?��'�' /� My address is L7/0 �7"�� ' Witness my hand and official seal. ;10'*" _r- 11;. 4111111111M Public , U i 00 11 BOOH 448 P+GE 59/ i COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE i CLARENDON CONDOMINIUMS , The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums , County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her . execution of a counterpart of the Second Amendment to Condominium Declaration for Clarendon Condominiums dated A�Rt,L 2.3 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second _ Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of -attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the Z� day of C 27,A,:-G/ , 1982 . /. - �— OWNER Ci-1l( yZ� ' 6.qt(t i .ci .L OWNER J STATE OF "�• ) I -7 ) ss. COUNTY OF L/-( 4""�/ ) 1. The foregoing instrument was acknowledged before me 1 this ?G day of (,„, ',2,,,,l2. , 1982 , by Earl M. Latterman / and Marilyn Latterman • i My commission expires LOUISE M. SHERER, Notary ?u!-1,c McKeesport, A!=_ ny Co:.aty ,PA My address is My Corrmisscn Expires Seotericer i?, 1955.,%.".= a Witness my hand and official seal. .,i :.� ,4, •••. .'.• 2M ary Public . iivi I 1 J UN 1 ,," BOOK 448 P4GE595 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. : Condominium Declaration for Clarendon Condominiums dated APRIL -z3 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second • — Amendment to Condominium Declaration for the Clarendon. ' .. Condominiums to be recorded, hereby ratifying and *confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 28th day of • .ril , .98 ..- - ~~ J/0 g .� 4'1 - - '- PRESIDENT, gi.i7 x' " ,ESE VI " ti ••-� OWNER • , ^ STATE OF HAWAII ) ss. COUNTY OF HONOLULU ) The foregoing instrument was acknowledged before me this 28th day of April , 1982 , by CALVIN W. LUI and My commission expires October 29 , 1985 My address is 1833 Kalakaua Avenue , Suite 500 , f.� ' k Honolulu, Hawaii 96815 `P��,1":'• :?/itness my hand and official seal. i 4, "rli - ,. . 11' : -Q0-4//7). A /(if-a_ , '-w 3 t #•.f. .B C Notary! Noa Public l 7'•• • Al t CF t UO `T 1/1 BOOK 448 PAGt599 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her • execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated • AP etc 2.3 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second — Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming • the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendo • Condominiums. Dated the J day of if&/ / 198 OWNER I \•°�( .. . OWN.^. • •-*IP H'PAi E OF s s . Y Pi iWrx OF , ' or"cc The foregoing instrument was acknowledged before me '��',, this ,,7//day of i*7y 1982 , by and My commission expires '.)-AVw6q)/ /`t /19- My address is 5:ox s � Xsf'�v Ca4O/°/¢, Witness my hand and official seal. ''ArmalV-. "' "3 •tary Pub' is j 6 BOOK 448 P4GE597 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner (s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to• Condominium Declaration for Clarendon Condominiums dated AP2tc z3 , 1982 , and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. � C/ Dated the cA J? —day of * , 1982 . a-414(17/1 65Y-Ile44-437A-- OWNER (c )190,f/l. — l OWNE . STATE OF ia4,91,_ ss. COUNTY OF P-4 J The foregoing instru ent was acknowledged before me this day of , 1982 , by Rosamond B. Stanton and Edgar Stanton Jr. • My commission expires My Commission Expires Sep/1 X985 My address is (L'V� 42). A-/i'?d2L �iD Witness my hand and official seal. , �"' ' -P4 �1= • • Notary Public 1, .. '.,! — September 22, • • ties - +: r` ; .Councilman De Greqorio said he felt Council's concerns over the +were very well pointed out in Mahone ticket agreed with the concerns, he would work outoaawrittenMstatementale pricing :rc Y said if eBehre 3... said he wanted to see the final draft. Councilman Behre y : .Ralph Ralph Brendes,. representing the Roaring Fork Citizens, told Council Senator Hassel br 3°:;drafted a new bill to re-vamp not just the lift rate increases, but also the per-mi• -lease system. The Roaring Fork Citizen group is concerned not only with the lit ) as y +•groupswill with Brendes Council whether the Forest Service would grant their appeal; believe Fork Ci:_ze ° not know vet '! .Service probably wont't. The Roaring Fork groupewillhcomeebackhto Council,twhen°t} i• ijget turned down on the appeal, and ask Council to join them in a court fight. Brer alleged that the li r. ft rate procedure itself does not serve the community 1- ....,, d ,. i ae Mayor Standley re-stated Council's position; to draft Mahone interests. •-'1 .which he would have in the office for Council to review and initial. This statemen ` 1:will be read at Haskell's statem Y hearing, October 4th. :-Bill Dunaway asked why the Council did 'not take a stand on the pass rate. Mayor St; i1 answered he felt the Council as an official body should stick to the facts rather ti . get into argumentative areas, such as percentage of lift increase. Dunaway said the -4 Council could point out that the Ski Corp doesn't have a season's pass. Brendes suc ,F..-using that as an illustration of the inequity of the procedure. The Forest Serivice $"'doesn't ask the City and the Cou44y for any input or what the impact will be. - 1 . Councilman Behrendt moved that as a separate item the Council formally request that ° - Ski Corp re-consider its pass lift rates for the 1975-76 season, and that the Counci feels that their present pass is a detriment to the community and the Council wishes the Ski Corp would re-examine them; seconded by Councilman De Gregorio. All in favo 4 --motion carried. - City Manager Mahoney asked Council to allow him to build bus station shelters. told Council the HPC had approved the design. The cost will be $3,000 for two shelti one in Rube Maho; y park, one at the Rio Grande. Councilman Behrendt moved to allow City Manager Mahoney to spend $3,000 to build two bus shelters; seconded by Councilwoman Pedersen. Councilwoman Johnston asked if this would be out of seventh penny funds; Mayor Standl t answered yes. • All in favor, motion carried. MEMBERSHIP ON THE HISTORICAL PRESERVATION COMMITTEE City Attorney Stuller had submitted a memorandum explaining that the HPC felt they nel • three alternate members in order to reach a quorum at times when members were absent • for long periods of time. Councilwoman Pedersen moved to approve raising the HPC membership to three alternates; seconded by Councilman Parry. City Attorney Stuller suggested appointing alternates by rotation, or have the absent member appoint his alternate. Councilwoman Johnston said she felt that having the absent member designate which alternate would take his place would give better control over the vote. All in favor, motion carried. 1 BREWER, INC. (CLARE;;DON) Hal Clark of the planning office told deficiencies he found in the Council City Engineer Ellis had listed the Little Nell condominiums and thetClarendonaissstillpbeingonegotiated. Clark told property in between Council the applicants have withdrawn their application from the Board of Adjustment 4 for the additional unit. The access through the property to West End street has bee changed to come in at a more normal interfacith West End road rather than looped around West End street. n e with • Clark calculated the open space dedication to be 5,260 square feet. The planning office recommendation is to accept the cash dedication for the full square footage. Brian Goodheim calculated the figure for this property at $2.35 per square root. Clark added the planning office recommends approval of this project with the satisfaction of _ - -s City Engineer. .. --. • the Rick Ferrell, representing Brewer, Inc., told Council he had had a meeting with Ellis - and felt the technical issues were all very resolvable. Ferrell showed the Council a • map of the property marked in red illustrating all the parts of the property that have - to be given to the City by deed, easement, trails, etc. Ferrell asked Council to take ' as the dedication a combination of cash and land. Ferrell showed Council two pieces of land they would like to give the City, one bordering on Glory Hole park, and a cash dedication of $7,367.25 for the Behrendt said that a total cash dedicationrwouldtbuytagsubstantial piece of park land somewhere else and the exchange that Ferrell is offerring is not of benefit to t Councilman public. 1 44 -4 to the ...„ , !r •. Regular Meeting Aspen City Council September 22,:19 -. h, .1 '' . • .1. „.• • • '� , . t City Attorney Stuller said that a trail dedication applies only when the trail is a '-',. ' i f link in the approved trail plan. The extra trail that Ferrell is offering is not a link in the trails plan. .• I Councilman Behrendt said that Brewer would be putting fifteen high quality units into`' • 4 the community, and he felt that the cash dedication is a support to the community. ;( Mayor Standley agreed and added that the government has got a social responsibility. to the citizens of Aspen. Chuck Brandt, attorney for Brewer, pointed out the develo• had contributed 14 per cent of the land area to the City. ; _ 41,, t ;H 1 Z_•: - ; . • Councilman Behrendt moved to accept a cash dedication only; seconded by Councilman' '.' ` 1 . De Gregorio. ;1i . : Councilman Parry stated he felt that the City was making a person pay for the land,"''- . 11 and then asking this person to give the land to the City. Councilman Parry said he - jf' • did not feel this was reasonable. City Manager Mahoney pointed out that they land the Council was discussing was worthless to the applicant. The land will be taken -`:: 1 r, off the tax rolls, and is a benefit to the applicant. Hal Clark reenforced the turnin. down of the extra land dedication. The developer had contacted Parks Director Armstr. , - • who did not support the additional land given to Glory Hole park. .. All in favor, motion carried. y. Mayor Standley instructed the developer to work out the price for the cash dedication " i with the City Manager and planning office. Cr :'-'_7.-1"; •• '.1� Councilwoman Pedersen moved for final approval of Brewer subdivision subject to Ellis' final approval and keeping with the restraints set forth in the memo from the plannin• •"• office; seconded by Councilman Behrendt. V; F. Councilwoman Johnston questioned the twenty year limitation on the right-of-way for ET ;1 the extension of West End. City Engineer Ellis said that was already a condition on -.. the Gant. The City does need a time limitation, otherwise this becomes unsupportable ,. 91 in Court. ..1,1 ' Al]. in favor, motion carried. ;r T. g CHANGE OF DEED - ERDMAN =+i City Attorney Stuller told Council this was a request for exchange of deeds to help -' Erdman quiet title to Lot G of Block 2. Stuller guaranteed that the City would have - ' .;-::.:"1-.;% E';• 4 the right-of-way after the exchange. Y y . ∎ i Councilman Behrendt authorized Mayor Standley to accept Erdman deed and to execute 1..1. ;`'y! the City of Aspen's deed; seconded by Councilman Wishart. All in favor, motion carried '_- f E C• EXEMPTION FROM SUBDIVISION - ERDMAN ' I Mayor Standley project f �1� Y y pointed out there is no reason not to exempt the Erdman ro ect rpm 1L11-01 the definition of subdivision but there is no reason to exempt them from the payment " � : of subdivision dedication. City Attorney Stuller told Council the City Engineer has . �� no problems with exemption because all of his requirements are satisfied. Stuller " ! said the applicant feels they should be exempt from the dedication requirements. A + 1i Chuck Brandt, representing Erdman, told Council this is an existing townsite lots and 1;. ,{E historically someone who has purchased one or two townsite lots has not been required ... to make a dedication. Erdman is buying nine platted townsite lots. Brandt pointed ` a out there is an exception within the public dedication provision of the City code - ' �,;, that the dedication requirement shall not be imposed in the event of construction of ' i'.. a single duplex, triplex, fourplex structure. 3randt stated Erdman is not sure what - r.;. 9a� mixture he would put on these nine lots but it would be duplexes and single family - Ii t! residences and this should fall under the definition of exemption from the dedication. I;i• i Brandt told Council that P & Z had recommended Erdman get an exemption from subdivision. f!•� H Erdman told Council that the price of this land was so high that not to use this �,il property to the allowable means of the zoning code would be financially unfeasible. 4,a; The basic problem is that land acquired for present prices in the original townsite - - - �':� it is punative to remove any of that land from the allowable use. 1i' ‘ >I Mayor Standley listed the choices on this project; not to grant exemption, to grant • i's!f ? exemption partially, to grant exemption on a condition of dedication of land or cash. - • I:( Brandt pointed out the code states that land dedication or cash payment shall not be t c.,4 r 'Ah. paid under certain circumstances; Brandt contends that this project falls under these --- l';'.4 circumstances. City Attorney Stuller told Council the purpose of the exemption in • 1,'qy; the code was to deal with already built duplex, triplex, or fourplex being condominimizr.^. i�lh and sold. This situation is different as Erdman is taking a larger tract of land. Thi '.•I,;�4 is comparable of subdivision of raw land into parcels for construction sites. Stuller Y � jj said one of the objectives of subdivision regulations is to provide a fund for park . ! 1 construction. Stuller stated she did not see any difference between Erdman applying !'11th • to build three houses and a twelve or fifteen lot subdivision site. e+(I `y [ I Councilman Wishart moved to grant the exemption if the owner agrees to a dedication =- i`-j of land or cash; seconded by Councilwoman Johnston. •- [ �i�l, Councilman De Gregorio questioned Council granting an exemption when Erdman is not •' , sure what he is going to do with the land. Erdman told Council his proposal for this - li..1(I ` property was not to do anything less than what is presently allowed by the zoning code. `_ l' '11 I Ermand said he could build four single family dwellings; one single family dwelling I, and two duplexes. This is allowed under the code and by the fact that this is nine '; " . City lots. G t)�v C:4; -f -regular MeetinS Regular Meeting pen City Council Januar 26, 197 Zeke Clymer, fire department, told Council it was getting to be a problem parking . ouncilman $et 15 to 20 vehicles suddenly converge on the fire department for an emergency. Cl „ are said if for deVe- fired station for y parking. Clymeresaidrthat daily, park - ; epresentebe t( uildin9 men come to the station to work and there is no place to park. Clymer said convex t;- ldin Kane the park into a few parking places would not be expensive for the City. The fire - ,'' , Miry on the district would stand any expenses; the fire department would donate time and equi..:" _�li At on the. Mayor Standley said he would rather than this under advisement and look at alternaQ.,', _. wold have such as designating an official zone, or part of City Hall parking lot. Mayor Stand '` 45 ership, i directed City Manager Mahoney to work with the fire department, get their requireme� '- ----_ .`own rshiP an work out a solution and bring it back to Council. --,,- - -: - : oin _ porter said ASPENVIEW - Reapproval of final plat or the City throuq 1 Mayor Standley explained this project conformed to zoning, there were no problems :..7-,: develop the the Council was reapproving the subdivision. Bob Orueter Councilwoman Pedersen moved to reapprove AspenView final plat subdivision; seconded' specially by Councilman Parry. ..'Councilman _ as a two 1, Councilwoman Johnston asked if there were any changes since the first approval. Th ;,dedication ,' were none. __ Ms, Stullc with u All in favor, motion carried. l Mayor Sta. CLARENDON - Reapproval of final plat ' _ $eve stn , .<. =:-did not i City Attorney Stuller told Council there has not been a recorded and accepted subdivt. d be agreement. Also the Clarendon anticipates an exchanges of deeds to clarify the west-•:.-7' #. at this i boundary. Council will have to authorize the Mayor to sign that deed. ,. ° - or St Councilwoman Pedersen moved to reapprove the subdivision plat and accept for records , ,;Mancluded to authorize Mayor Standley to execute the subdivision agreement; and to authorize Mayor Standley to execute the quit claim deed; seconded by Councilman Parry. t', spoke tc Asoen w< 1 15:::: Councilwoman Johnston pointed out that there are several blanks in the subdivision.i agreement. City Attorney Stuller said that Engineer Ellis had to calculate the amour- a for escrow and dedication fees. Clarendon will accept Ellis' estimates for these i figures. t Councilwoman Johnston moved to amend the motion to include approval subject to the Reamer lamounts being okayed by the City administration; seconded by Councilwoman Pedersen. with S j, All in favor of the amendment, motion carried. preven - y `,replie All in favor of the main motion, motion carried. - .feet 15,00 TRUEMAN PROPERTY - Conceptual subdivision _ 3 about ' Kane told Council the P & Z had approved the conceptual subdivision with a general :-., - be el configuration of 23,000 square foot post office and 75,000 square foot general commer '� cial building. The Council had tabled the conceptual subdivision at the last meetingtvi. Count and required that the plan be amended to reduce the size of the commercial building. , , ' Sher: �I1 Also required was that the balance of the property be reserved for future rezoning or have mechanism that would allow the developers of the land to come back to Council and ask for further development. Porter's reduction is proposed to go from 75,000 square fee-.-.--- - port to 55,000 square feet, which includes 10,000 for housing. Kane recommended the 10,00 ._100Y 3.t 1 . square feet for housing only if coordinated with the housing authority with some - 4.. assurance that it be employee housing. Kane told Council there is 15,000 square feet.-'`-- . Por t ' of office space being proposed. The planning office is recommending, city-wide, tha , que' office space and retail/commercial be cut back. The planning office's general position was is that if the developers feel this is a reasonable use of land, there should be some - _ffoc If assurance that this is preserved as office space and not be converted into more retail r _` lc to 1l Kane reminded Council there is a general downzoning proposal pending before P & 2.:' ..--._ + t. One of the recommendations in this proposal is to take food stores from 20,000 to Co 15,000 square feet. The planning office is recommending that 5,000 square feet be ) i1 sacrificed from this building, if the Council accepts a food store at 15,000 square `c I I! feet. �S 1 Joe Porter told Council this development is proposed 55,000 square feet; 5,000 square C feet in the basement that will be health facility primarily for people that will uses. C• I tg the building; 25,000 square feet of retail space; 20,000 square foot grocery store. ., afi,- c j On top of that 15,000 square feet of service and doctor office space; on top of that �s�•. I 10,000 square feet of housing. Porter said he had no problem going through the housing t C authority, or with the contingency on the office space. .;...,,,, - i 1 Porter said at the last Council meeting the Council had discussed phasing the origina 4 ! 75,000 square foot project. Porter said they planned to phase the construction also, 1 ! starting with the retail first. , , '{• r Councilman Behrendt asked for in explanation of the conceptual block plan with dotted # 4 lines. Porter replied those were future circulation plans, trail designations. Theses `t ; are very conceputal. Councilman Behrendt asked by having a subdivision with two lots., one for the post office and one for the retail, isn't the Council opening itself up. t ', to pressure from the developer in the future. Kane said very definitely. Kane said • the Council had felt that 75,000 square feet was too big, but maybe at some time in •:._ I the future it would be justified. The planning office said to cut back the building ' but leave in the flexibility for future development on that site. WA nit ..,- .+ - CLARENDoN CONDOMINIUMS AMENDMENT TO P.U.D. Ilik '' N • see .a . ,✓« 6V H CERTIFICATE +r, \t . OF cOLOtnnO . , 11aa5 ) vim TY UF ASPEN so. -,ti k City Clerk' in for said State. S. Koch, foregoing Kathryn cortifY that th� /„ :ounty and Cit-y, do hereby 4�';_��'� — rfect and complote copy of lq a tz6u]e,� f� / �L =� lirm .. 141, tea, /geo VI illi.i:!: au the same appears of record in my office. ilr Cho Nana and official roof this 1G�� day of NI?tiT.83 my hand w"fir- Cif- or - ,.,t • -s p,.0. —Dope y C tY or c� , +fit ... .i 3C At:1, C unc�i September si19�0-- ---... Aspen City _.-- I:O SENT \;r';DA on all !saes on the consent agenda. 1 ` public hearing u Coclna. These a,e Tam ors',Laces et sere =ls p Skier's Chalet and Steak H,use, I an Co ina, / su mac on Crd:nance 26, Density Bonus Reconciliations These are t.u•'�or License renc�als for P. Pea's; tit Hall Root and ordinance •45 end arse City Market: Second re _ 1t; Ordinance '47• Y l R Mayor Pro Tew Tarter t,Amendment. d iiev41 `e. rw ndw.e nt• Taxes and Rc�•e nut Rends. There were no comments. public hearing• coda; seconded by Couneilmee closed ct.e F. r.nved to approve all items on the consent a9 j�,! Isaac. Al Parry motion carried• Isaac. A11 in favor. Ron !lock as their city �,�_. • attorney of ver michael moved that the City Council of Aspen commend a std io attorney of over two Yea=•• T:Ie Council found pin to W • Dleasant colleaqu Councilman Isaac. All in saver. his m the bst�1 luck wherever he is giros; seconded by a., seconded by Councilwoman Michael.Council*an•wtionccdiad to ad�turn at 10115 p• j 1 Isaac �in favor, ) / > 1 1 "IL V .o•, y or 1 A/. n Cit Council • amber 22 1 S. la[ Neecin• i ' JOIMT Th COUNTY COrmIBBIONEAS Commissioner-Mt-1d.the meeting to order at 4,10 p.m. with Also present were County tty[ne'J Coencir embers[.Parry, Michael and Van Meiteanpresent.tiaDwaa and Interim City Manager Ste Attorney 'culler. ZitY Manager Stewart, County with the Bob till Oruetet. boards he had been working • smoothly, which it did not. a census n C 1e10 Censas hers to eineasttin Corntysuannd 1,1�housing units; the'wpeQ cosecs ie po counted 10,201 residents in Pitken County Ceneu/ emit:. that of he h s re shoved 1)79 up Io housing t Denver officettolook atdethes• Stafford told the boards Ae bas requested a 9r hap t1 they have •itkin Counts 1a not nappy rich the results and feel Chet haw ylesed • 1aM only ey have • they will not do anytbieA,housing units. Stafford the Denvertofficelsayss hey wi to sake rhea hi • ' 11111144 1 not to ekes this yet. If our 6a 1 y court• is inaccurate is to slue this up office feels the growth. Stafford answered the planning Commissioner SinslaY asked if the basis for this �oconspitent ricboAl• •at�i It there ttoa the t i count and taffordq 9 units. Staitord said ha t lP7t count !s coo :ori a netcd ve l/ it was pretty 1; conclusive vide_c ctn ref haw istt e.00 touord i1. commissioner 1: was tint lodges. (Councilman Collins cane into Citamberwa any financial lueLve widenee there is a mistake. Stafford said the census counters e0/II t C Child all if got • as todq t would Pitkin County the nyufi I• obiig aeon d ft w got • talfs order for a recount. could handle fills, in at 300 ." Dilations for that. StaStafford said `zit�a for Pitkin County government.ome This is also said he complaint and testimony.e• more people, it will wean 114.000 per Y 11 reflected in other distributions. ' County Attorney Stutter said economically. staff tffp�ilddnotcOdh this etboard rd with th9itnunleea i, the city and is county staves were handling. shat aff cyst of the • more nt s t staffs way Councilman Van decided asked what affect the Genes would be on the city of Aspen. City Manager Chapman ' would have directly Councilman Van Ness said he would need sore indirect; there will the some onvenbu sharing. . the ertsa would need lime jhetnit' toon for the county contributing is miscounting i Stutter point where tin yhe coiney our i■ not at the pin agreed they could like the sit' to ) to hire counsel? the County is Chapya ;} 1.r Ica. Stutter said this in not pay Councilwoman 1{•they city needed this at donl*hat a but would like the hasy dona.participate. the eitY nasedd more data on vin Junec1974s there•is • mistake in the county. Councilwoman os Michael evident based on their toms recommendation from staff whether this is worth Michael seed she could like to have a eedin9s 1t S going to court or not. with legal pre ` go ahead and proceed of Aspen will f t s not give adequate satisfaction: the Cccity yL!men pen well. Y. Councilman Isaac moved for the county to q a eays • hutncommittin —socket expenses; seconded by j a party favor,without motion carried. out All in fever, motion carried• had authorlssd expanducures co augment the eeneus takers I f Sta[to[d reainded the boards shay 11 ragas to i9S51. The actual expendituc• durinv cne count was 310.490, and based on method to the would like to receive an additaonal'$919 from Pitkin County and 3731 from Commissioner RinsleY moved to approve the S5191 seconded by Commissioner Child. All in t Council- favor, ptaon carried• • Councilman Isaac moved for the City to expend 7171 for census wages; seconded by can parry. All in two., motion caraied. • 1 I } .i �`14 . _ �,w• gOJK septc"'Mr 22, 190 _. PPcn City COUfCtl - _. 1n the absence ol1the John Van ::es.nc airman of AlCouncil f•voc. motion carried. i,,..,recta �ouncilwvm 'r: _ ..�,.t r, r.un..vd by ,ul"an era m. , tat:- et end wt'[k - r a ` y eo"miCaneruP c°ef° A,7[[^ j F in ..t.;.T ln� he was a ides star pl on P of an .a tent` : ' member. told proceed development th and m+ d Lott :17t' _ d d ngdeCed. Pa[dN ••l P + i ` O t'ac1••rr .t' .hey have sops Plans regarding Council apprised.worth tlisot tact finding• antra c,a ne the entirety tirPtY otNp and wall effect changes. week Han* i• mooting next ,id pcesartrn� with Can rye ndatiune• and can art • to then ..irk d owner meal• There and 9 recommendations. y will est land gather ..•,shoo a . i. it eau largest sct;er in[° yd pee made for 9°.Htns• nt and the • common sense solutions of 2. Do will 7 opposed to 9/10 of rho s. manager should .O proceed t[h.el committee o asked i, • c tha Council +^d ha,• city said a war VP° 1 enforced: already,.that is enfor city[, said she the Dottie Brow technical matca[s• t city The safety lice to nloceotho existing [u like 2• except for eeY teaulacions;re prvblema:[rr under the 1'O s at the lest st:n`t°•�'thin9 light • on the agenda of putting ,tat! Cl �l itch ht up putting ocll• age led urea.h• wOUld POt COMSK1 said C heel broag countermanded :ounterrN n M i n Michael This Councilwoman led I• Councilwoman fir. Hicks• back co C�cil. fn •POTOn � • 1 staff comment. tO • high c letter without conference red t° n Mien • the them n for • cooler aen Councilwoman in front to loouncil om and Michael • brochure has been represented oi`°itled All this. this h°`r en i^terect• •tt teas^fed said of Council oe snc Mich+ i r tense two ney to • and member . Councilwo Councilwoma^ Michae to send a n pfeh+• ` 2• ,nd 2oucirm. n•Y Councflwoeie , • Art• conLsren ndfn9 siO seconded by level working consider sit the agenda) tel °^ reguesced Council ut this O^ Meter Con9 ndfcur• oval 4. P Cea Col°COUncll +PPtOVe expo Councilman Isaac inted to motion carried• had e o have In favor. Teed h• been appointed t seconded by Isaac reported Congress;1, Councilman committee.meetings. Colorado Mater the legislation thaaB iaeo agenda the 23 end 24 of funds ^ attend All on the a9 serried. in Vail October in Savor, motion Collins moved to Put bossing CO nLor•^ce • Councilman .reap. i• Councilwomen i^rc Council th°Te is • awry°^° cringe told end the cfrcut`tatnche next se Isaac post office City Gngineet SChrthUr a• Councilman VeryO a Se invited. he would like + report post orrice• • and tva ning u CM new mid the n )sass suggested t P Ian c finding about this. Councilman Chtsra some t • way S. Councilman lt• =° c down. , complaining shout au09est' will eventually will ■ctrl Van Nc• pottecirculation Things Councilman attern sec. And Council's said the u^ People Wh hpARK S ttl.FNt said this settlement e omestenants negotiation t one• offered ouni l's not 1`l ASP!_ --- director. us for exP°,:ure for e) oar k ,pace, .cold housing nvnerwh rP ststrisk and : t propos s the existinu to FTVViJe UcU ti chi c .cent P+ rk °wn ,71m Reenter cast financial i n Mvlocat dirrct ive i,:,s the 1 Tha agti'cmc sing S y,hJO per ounding w ri road 5' `a r - undcryr emcee wr Cd t wh lch Te•i:g alto, r LO ca c ne d s the curit`i' cveme,[• che(Flre nt.r Tic J.OJO a an ar°:sub' rc.munt doe Inc traan ntr t° a eYdra• would be far d all lmPrO tonal owner' c it b aalo to handle additional cur,.ni park u. to relocate for *ale '�� .moor P i begin and poses)) sale m.. owed ,nits opo distribution ca, radiuyi a The tor t be allowed mreloc v F dlstri turning units to cc - )ling would.tray l9 The •9rr`•r�.enLJ also p of and :ne[. cor n wn le would u•allowed t° develop for .',e P the to additional:xrsc ir..i single would be a ar `.g ^ perk The lion has not been determined. per ti t1n financing e swears together S s nc trailer. The ant cur[ which location tri. to Pot uP to divided. city- owners ,c'r. up d they had mac elatvhare in the to the ,rex nave agreed t° V' sap k. the city The }•,r• .:. tom„ u. R1ce fetM case nedg to peak rein Chc park. had been The intent�Fer be combined ar. The financing o nghese trailers.park. :t eeY on this land. a not financed.the land i^ Councilman Parry ast•'cd mortgages r e trail`[ one is that are ion of with morn 9d in? aieoe the asks gf trailers mast The possibility .meet .here the a•nd tO }oral bank �.:.-�. large ^°'� a in now.cone it ssid the •re if e!-,c ..+altar. :^.etc a financing w;l ci:rn.l 1 :,errs. ring ehts .old C those ee.∎1 u• together to d, t 't.•ey e•,plorcd• P, ion t� t,�.�t .•ia eau race of ee ant a real 0,,,,,�•�P ,4.• •- ,..n ',' b`., ;�,f:'odd=t r�Lt,r t••a(^ts �,r `ptI bec�,o ,lt is trra.`'`,.' c: ry neteal• o:ni does 1n ,. ', - i. L ,- celct rr • .yid be (:nano• ,h nev vob'ir :ho r•`r•r n, rr.nr.r1ing,n)fst -tn�.,er i all •,,at•. t...: aria sr,. cn.0'reed ... ,_...et•r•,5•��si�ir- •r S that ,•a i•.,t S;i• t' r.q .a.d }i.. ' t ,.•- - �� ,v:.tcals� .•'It.t- ~, - :Irr+ rr•' .rt:•. „n r�.. �• .. .�.,.,.• � .r ,.. •-, .. ;nit - r.r oft,•'- 1 6e Ptf�f'O[ 22. 1960- • Council - - -. -.- - - AsY•n `.. �puntttlaa" - -. r.aclvss. nets will --- tlnancrn0 •leer t+^t ur It • list of the acT'e• tot title wean loci w ,lfa' �. rho halfd his h knot been clarified tecauvas rat•/2•cce dentist .••r. ', angle plans t❑ >ocl Is the Vercel tR•r• Is • 1/ w,ueu•• the pn111v +•'J this Ihis not steep part• let •sWns1rafl+t• is cove[: ' cr^• back the 6muVV la new park f ' co ern a end In the t b• used f^ { • roles*. oc the the ex/•etng D .... Councilmen rxrn•, but cannot the acreage l •ct•a• as well •• i ,,Jena .,1•'' where Is acre• ,, ri of the PpaT rY :eked ro•1 back k e on the b he total park plat of { • - '�Y• wool lnane ^at•d J C`• atte erne toad nt. th•to i°sing• Cha r1Ya ' atc•i tn• ro.Td •119^� rat• date in Section ndiscusse leant one oelati°" that the t t<,nc been questioned the e s R d probably beat;^1CM situation g was talking Michael what l this date shoo and whattt g ,M city permit the Pr+^ta would M order ftY• land this said b Cum/vs/ it?,lth to ite• balking nano rnV� what Chapman to buy /nto RM Y laws rights. Cron/tY to Prerrs canted •• ,,:exist have red come h o•n90s " plan [ transfer °t have the,tping tt will ••r et un• o ra. ?dingleg/sfhn► . which r{tee market units •tart tO rOerabl:,t° tM t t would h !row growth an 1., axls:ing °{ •s•etping Connell dlseot•d cost coax he Purpoe• at at rox/awr• net gt of swot Plan•a a a1" 1 amplayea agreement a IS a Qitypr,ll get Cola ag Mir land er°•' the growth management t • Ica o�" tfa► � c4 the t19 to purchase the h,tY• be • e those t Cos • of tole or^e the tenants an•^°Cal rihtt this have vosthY P o the irY� o�ad tM v yj,•t�•ph+ ld ..!7, the ly decide o that new ave, Va^ 1t OM laws .rs cutter aelcY°h t°I the VB ae lane Councilman re :a *"v L they new lave,get ogee for that.. p ra it to that the apP:::10 • 4h management S dug o answered hat the deals with nt i• dr p�tk tM ItN the sal n tot r park wan: fn•ehe a0�hrii the Aspen mountain/n sk the to the tenants:RS7 cannot ` language yob N is Ciudad will no vo the city and the &arrangement' it b• fro ditty vol the oftY working strange would 1 not to tiliftpaali h&pwan Cat this c cruse is in the spirt and vloo rking tMc n �eTnea/n iii!411 •xpe° U city to g• t ag tne tt a agavot. the$LOhN1 C[tWOUSO proviso that the city's liability'Motion carrion.the Pr ption At Councilman Cabs charged 1n to • x • erotical,eptlO" °t a ffotoca in 'fast taro will be c p•rao^ •Y tsw 1y7 fR•1LS Ct this otd1M•Cee oft• sons non rtes�iMMla�y,csnen kan s told Council thi bet IMto W diaVloo�l•d and ccMY beeh sgrec yald tY Manager Cherries tM charge Th,e ha* rill be °a an1:a and CRaPw• e not • wiloag• rovld+ tM ~rite wo2t rte M lMVeilonVan Ness said b11ey• •tdOS ,MtO • iaTg1M° oldlna^Oea �11 he has rod coots. operetta, ti rot► 01 + oar eity trews "d CMPe's" bet °Qie.elnv • gee Counoflrati County r TraiiwY• s system sews od a penalty he on JJ to h:censer:• vlLi :•teh,o County °r k at this before to • Y try Councilman ' icy wsMgsc the T,tklAwCi took • out Council nay c1 he teems prohibit i1 0 wit j o��M Municipal CodNrlOe of 19/01 seconded b ■ I; +n wt:r 452. wiMt: the with Section Ordinance a consistent ',.:F. M10Mi1 tMDVs60 to OItDIMANCt ISl ;yn ,ou^ellworlt {avotr cwt 19101 All ferry. (Series of d by the CLLY clerk v,eh ,', ft•t readlCcM011ws^ I �tgl dad by •4i 7.M OMiNANCt t Ordinance elauje 1 ;Ra: o ado4 that/ " an:wet tv+d Councilwoman fie e•i moved t rained and ter earn•. rate is uiv•- Ce"°°"ow• the d•tin►Clod b• d there aces•:: lylt ir�rnteaah other 1 [ovi•O tRe t {or �the P n to i{ th+ cltYtat� ma tac[Y taxi tee ` ��Cpr/na 11M Copp tlring ke dOOtd►nano+ le based OA the :ta has Th1• {os +•°h inp 010tado• fed, (11 Prot:otl0" � 1 dll in In potion cart t:we {aatur•at alaTr" {:vacs Alarm 6Y• Ceres 1mP°Ttanfll ••ah wsra[q•^C All i^ Of 1960 ides to[ of 93001 d 1S rho eY It ,4; 91un a ante Drov an annual tr• which w111 soon urr• th+ a Y • S{p1NANCf 1! s ord/d ed tt dal • will [+iM [ crttaln Council this lice^• warning 610 dIC •xc+V tO ,rfmatY wpetvt an audible and ll1 Cho 1 lcenae •iM•aee false elfc[+•�,b w ehi t Chapman Cod C M prOt;eotf 1c.•• bu ed mu°t fe shoud ^°: De. nswerl7! cut a to bill seiv aP+noble to lion e rYetew l�atallyd wC•^ * barn " ° b hour for all tlwr d the staff t Th° c00Y has wa red arm m1c�Ueot$30 P°r town. ewton:.r. t•;,. user of to a �hapw. ' ra`p„►lne5$ l"clod t° •act. vs {ot n Jucl,, r au,iibl+ went)"rd v., i sots ece toad r 1 t to Drol.tdt s°tnf i nC•dtl VT.,rrClion ,dvnaTtrvnt �th � t. ,.as t1t� pool,�° .,.e-•. r•,. T ect�ll'•' htt�lnrwr rathOt trOt� ° •l ' .11 the an.our,: a ordlnanc° of tlf"� .i Fr :',71'1.,01., 1„1:4'',.411".14:1,-.tn.erc of Cage • qr•a: d••f,,. rt•p∎r.;l ,a.J .nu ..� "'mil tnr r.tn°[ �- : ,was t'. r- ^ ,_:a l.latt,,.t,,, 3:r 4C14 x)28 kegolar ,,e.1.1 Septets ar 2 15.0 As;rt. City Council — ._. •,.i -. ^.:'I an nu•ilulo warning sys•r:^. w',Ould ca*t ear:: Cusccmer. Chal.ratt at '. •r• ••■ -,,,t 11;. ih7l�rAn at..•••••r Il ... i';r: .t n Count•1_1`rtrl yI Cna.i moved 'tc road Ordinance 45. Series of 1711'3t ceccnded hi Councilman Isaac. All ir. favor, notion c..rried. ORDINANCE IS (Series of 10101 . I AN OPDIKA:CI IMr`:DIt1C THE !':NiCIPA1. C°DE Of THE CITY OT ASPEN. tOLOR)DO, BY ! AEPCA[.I::O Al): R!-ENAC:[t:r: CI!.►PTt'R 1-1/2 THERETO ENTITLTD. 'EMERGENCY ALARM • w. SYSTEMS' ,`.:U N7:'„U(RING THE LICE':S[NL OF THOSE ENGAGED IN PNOVIDING PROTECTIVE -�]tt"" r• • SERVICES; /.:•), ESTAIiLSSU[NG A }'EL TOR PAIST. A[JiIU4S TO WHICH THE POLICE RESPOND was read by the city clerk r Section S 1,2171 luspenslon and Revocation of License to Bob Greeter ■ugyvated srswndin9 1 I • add the applicant in entitled to a hearing. Councilwoman S-l/h171s seconded adopt All[ingfavor, motion Gcarried adding — ' language! C0 NCL■1TLE O ONTINCNTAI._ INN T 1 t Council they were tryinV to build ' Ashley Anderson, representing the applicant. reminded lobby at the Continental Inn and would deed• 3.000 square foot confere'ic0 center on top of the ed emoraidu 3,001 tnI','einning director isuggestpionC1lto deedrrestrict the permitted PAR with on memorandum from ch• wa the chediatt o last ..' 1 001 square what was reached at ted last meeting. icted. corrections listed in 'ts. Smith's memorandum cover the concerns of the planning office. questioned the necessity of a performance bond it this is deed . •. w. umbhoca 4 In number 1, the specific language should be used 'On the •d3uin/na parcel t • permitted ►AR shall be reductid by 3,001 square feet. This condition shall be accomplished by deed fiction'. In paragraph s3 should be amended to read 'Provided all other loningind rs ;' 1 building code requirements ttatrh than flour area ration are met . Anderson said he only disagreed with the request for • performance bond. .ouncilman Parry lf said this enter should La over. tGrueterdsaidahe would like some more 1111 • time. Councilwoman Michael moved to table the item, seconded by Councilman Collins. Council- members Collins, Michael, and Van Ness in favor, Councilmembars Isaac end Tarry opposed. Motion carried. 11! Councilman Van Noss asked for the time frame to rev•ew the agreement for Grunter. Gruetet said he could do this in a short time. Councilman Van Ness proposed • recess for the attorneys to go over this item. Councilman Isaac. All Councilwoman Michael roved to reconsider her motions seconded by IIIII in favor, motion ceriird. Councilman Collins requested Greeter to look at how this is pursuant to Section 24-12.3(al i and give an explanation. R►.0OP.ST TO WAIVE PARK UEDICATI(W VETS Jim Nc en t„ housing director, winted out section 7-143(71 of the he Municip a t des states atss s when t.,.0 Council determines a r.aidenttal p[nlOCt Or building 1 4 Constltu bons lids f low, •,aerate income housing, i0edctl may exempt the development from or reduce park deJid:at tun rect. R renta .. proposed to codify the Code if it is Council's intent to sub inconsistent,In c the Lpast.tr One ofh the choice■uhasa beenv to putt off•reviewh ofpolicy lee s force ousng S years or the lem.th of the deed restriction. I. is the fear of staff that chi. wile fall by the wayside. or the ark restricted employee fee for as long as Reents suggested to modify the code no that all deed restricted employee projects portions that are deed restricted be w u v.•d from the p they arc restricted. the fee would be fixed at the present mark*. value. Reents is • how tr" park Iedicntlor. fcc will i.e computed at the time it is • proposing a broad Folu a un int.trad of addressing ,neat one at a time. Lois Butterbauq said there la cn nor td ' she wcUid I t'.es sore tyre of matte lotion on tl.e tit\.e or collected. Ms. hector✓soon raid ior. the pn`i••-ttY what. It goes on the market. Chapman said _ j deed of trust tr.ac will :o put ,.,,.sage to thin attest and briny it back to 1 the Council. 'aendatt.,n is to prepare legal 1. this a deferral rather than waiver. Council. Councilman Van Ness yuegestcd calling ••,,.sing director and finance ' Michael roved t., 1lirect tree city attorney. I Councilwoman riot•• lannuade to a-,nd Gectiun 7.141 for deferral of part • director to dew clop eep:..(\ .:Hite: ,trended by Co.mciimat. Isaac. All in laver. did u-at..,r. fee ter deed r.strictrd motion carne.,. 1 e .. su::, sir,( the 'ere,' et` i.f ic.requests, Park Central leo, . KSNJ and 1 Ccuncio Oe ..,11t,td, rr:t entt:r lark ientral I Welt, * sic t t I '... , i apt co-Al,, l.. trials west. tnla c tl rr is co,,,,,!l.'1.f min ,all ., I... .. I f{ tl. lUi .•:) .. . I r I. . ' 1Y ,1 . i _ . • . • . • 4* . fir► - - r 41)4 ¶Yr yh0A ..,,s„, � Sn DtcrDer l:. 19.0 �_ Aspen CitY Co,Jncll .__.__.. _ r xroular }'.e of lha t _.... . .. .. - ' - - -'- t L-AL T. °r4T to aTaQr•� • tr. Todl'Y P h lconte a ion told�Counc il__ have reed • is of `(t \ CON,YC y the dee -'T uoge. Anderson • performance ie • agreed there n he and Instead of f the conference 7 old Council anquune. unicue and ► It donne are complied Bob GtueceT t restriction f saying this it teem tear laws • r,odtly the decd r• nt• and make regulation'w and in the a9cC°^e this to Into building. of in)unctfihr city can cake t toning. of Aspen torn down.there Rweld be language to fellow all en Hans CantruP the City language o agreement betty ns Cantrup undo the City 1 with. the •4 All in favor, notion carried• of the Continental inn leas,' moved to approve n Parry.Cite forth antes on tsKOnOvd by Couneilm+ I about the conference rtcorneYt City set forth by the city safety. peestrlan Amos. one city PEDE9J'�?ta report of vu94wetii:a�regarding c th h• PolieenesafetY city can do engineer t ! r paid a tthe itY c and ) cba n appointed t - e ch cf• done but • tscher • •^ cold Coo awl dot Chi r on this a•nsc •t needs to W Ptena9er what the woo Iets. A Neortd aspsC& !s will outline thane is Mhe selves and to wrk with spec Ois w and superintendent upeelroual of the epartmenttof highways.street highways. estrlan by themselves to improve of with the of Associates the approval witM i and technical study ►tAaaOC there pat have is • pro;Sael r sal from >► f peels steps before the n safety Chapman told dvsetian nt of pedestrian las T•ae orbs Lisa the Council bids. third element The a out this aspect of told out for The of on he city staff town. to oomPlift ito carryftit this and put consider this as 1 St a maximum Cha cost stall rn t ve W develop specifications pec option /s t le no one on the city tip. Arother P Chan said an alternative is the *toff through April. •r eha t Study. specifications budget and conduct the study finer as tar { pevel�ltM 1991 budget acs of Main street aru use 1991 sroMY•should be part traffic tlest and the study s the - + said the first two aspects other tine end of is e Councilwoman Michael sale o . cprndatitgs aru rand t e a in Mrs. implemented eneaalty should seek proposals two r good ideas calf it • t study, the there way by some of the suggested the report and meet . �. COtnCollan Collins •9r°�the study as should premed tools 9e over flee chief, ham • iplwmsnt•d as soon as possible a study the Council should over 9• po n n Party said study• rod tell then with the highway he Councilman starting any highway b McC -mods to write hie the department to the highway Council f ty I devices. x. the rng pro Council this th r will h Mot carspts traffic regulatory ods mwl 1-1 f of sic which the Main develop regarding t rifle satetY on + ssln9 problem, end tell them Aspen • list r LL i lie on department n 1 write • staff the°hl9 department rat. on win err L�reet.taah _ wrlts adfvthi to hw staff named Vr"eOed with calla Otrt develop t • fist of things that can be none t,C only ,s committee with th�cvalt to tecotsme r the 1+. { atssa d Esther iteemer hwaY royal In preparation pr,►O°ineecln9 department aoP traffic en9 Michael sore usqu no highway appro other Councilwoman proposals that tog highway eels tr sense of the street psope do that Council accept props has setae !felt awls that after Council Michael 1005e f e t;' etimo further chic technical study the city street proposals pm. tXtoWr 11 meeting! begin LuO Parry. Council• is that us• 1991 Adis and by Councilman department the pro on carried. firwa. Twill t seconded with the highway depaft in fever, highway tape dtaews them. that Council will cad and doing implement before going ahead occwn DE IA's Council appruw use of a These tlST. OY RTO C� requested C water heater C9S YO f Cannon who is strequeste load solar Canaan passed out ru in a largo volume• waist text Monroe Buyers introduced«tepee 4 to they conduct were color e. C s •tea. • lot o^ or ft they can do that be sold thou Isaac asked It •re culls ti M 6 care P i of the Ale Oland Councilman truck would take UP, weer heaters can product.•rWSn said this truck loud , brochure* of unit. parking lot for • All answered yes. tsaac• Canoon they will have one demonstrator O! rho NO Grande P b Councilman tout• use 5 p.m.: seconded Y 011womun Michael moved to • 9 a.m. to p• I solar hot water heat•[ sale carried• to odd a tt.0 d bedroom in Laver, u.:•t Clarendon Cdndominiumathis is • re9 t,nu�re feet which is over P1 AM to amend iNeH,I,_q•0_PUD _� told Council t• for PA Council ` office. The request !1` eta. planning and therefore has to come' before o the Clarendon. wrane+ and the integrity or the Jolene arch unit at footage consideration • to a.UD.There *guars n a in the exterior app[ •1 bated on the c integrity is main- . t cent of the total little chance recommended approvarchitectural l ba.t con ider two °the[ 1 per is the V i, Z t and ••he ..h,.re err in the the VUD• Ms. VTChoca to he building footprint s pr.cedent. „were it•Dts wau } there is no inure a^avers concerns about because there did some was concerned p i t Y ► T out that ' tale orftlon• t d,n• -�.tnted [red p•. units In the acme P in the Clarendon, t,, re.;.. Prp�eaa. of thr• (-whets �.. da bu made only i' tt.ry sr.: nowt to -t,tntty {o t •mile^ one b.! �, own t" u., r t • c r ct'rc ..,.nit = t1 ul Yt,.v.J or r%n4o steer tfwcnateln.l •aiJ •tore.. 'tl,o f,h•.l {,lam was, are •l,� t+•t, David ;i.t_Zt I,, ';here seem t•c••ear). to er r.e Ja3ter- Sectlon `U,tdit lunr sin"• of an.� than v•' „rt -•;l• ray tic a er in no •w.trc s.t4 it due. ,.r s. chan7 a• , mn1 t:?t' for ct"'r `` • F.1 Mnrtein sa i,t he L`,lr uom• flt.<..t ;Art*• third may he cf,s mog t:,e could *di a. • expansion, inn 001 I tr.;.•luet• 1 't ■ • •I t •awn, 4#"k % . • , :••••., ')I• • .. t'-'13`. 464 r. , • ., Y . • . Septerl•r 2 , 11110 _ . .r.• 1 ! tt ! . ... .. •'. : 1Jr. r '. t!.. ...,.. •.• :1_,...' ....r.1•6 and .• or :., : .tr...., a: • wi..1 a1'.•r t!.- r,01 I t,•• t :•.1•'.11 ..., •.1 • Oatv-t• ti.• .. • .,". .:1. ... •: • .• , I • :••.•:••• It . '...... ..11 .•..,n tag, iv• .ots, :, . % a :a'.-r t!r.,; 1.. . . ,.... , •. 1, re.:-t.:o.., !! , t .a, per ..C•.,. .. ac.,1, rr o. ., .•,..,-..no ,•r• ,.. :. ,I f ■ •• . ..ai; •1,1- • . 11 -,r ...-•r.t. ,1..1-1•:-• Ld.ards ,.1.1 ..h.e.- did t..,t :•••... , i.,e...i. - ..: : ,, a .&l. ..'Int ...:lect. :n, .iplicsnt's 1,stal.Ces have s,ged, 17, Tte e,ard of Uirectors of the condominium ana,lr,c_Isl; . ! a,pro.'• , tb19. Tb, ,iirinal . rb.tect la available a.,c. the original n 44 e 4 lals arc Rvail- . . , I.cla shen e1,, Ls done, you will not be able tn toll a change has • been male. -.,.. tlman !NAJC asked ahplicant will pay the pars dedication ICJ. tA•ards oa. ' tnty ,,ald. Coune.lman .7 llins mhved to apitove the request' seconded by Councilman Parry. All favor, motioh carried. ,, ,.:- _ 1 . 52.12,'AL, c°'lPf2nA' E'llYli_!!. .P2'"T """T ' , Jolene Vrchota, planning office, reminded Council the Garrett condominiumitation was , approved in Jul.; with three cor:ditionsi the sax month minimuease, notice and option requirements, and a 10-year moderate price restriction applied to one of tho units. One of the onetbedroJA units fell Ithin the guidelines' the applicant offered • price a restriction on a five bedroom unit for 10 years. M . Vrchota told Council it has peen • found there are malor changus that need to be made on the (ive-bedloom unit to bring it , up to curly. :be applicant prefers to rebuild the unit. It appears from the building • i department it Is not reasonable to expect the unit to be brought up to ':cde. The appli- cant IA having difficulty getting financing because of the 10 yeat price restriction. \ s. Vrchota told Couecll the city would be getting a rew unit for 5 years rather than a t , sub-standaid unit tor 10 years. The V i ?. recommeuded approval; their primary concern was that there As,5 no site inspection made prior to the original approval. Ks. Vrchota said there may hv a Code Amendment to reouire 61CC inspections prier tn hearings before the City. brook., rvterson told Council thy amount of 44,1art, fOCA.400 will not chsnie. . ' D counc,.. 1,aac eoved to auprove reducing the term of the moderate price restriction ' placed as a condition of condominiumization on Chatme. from 13 years to 5 years; seconded by C,uucllwar. Collins. All in favor, motion carrted. RI:8011710N Or INTINT,TO ISSVT_INDUSTRIAl.,PVVELOVSKNT RtVENUE erit:r.S - Koval Prop-wt. Jim Reents, o' director, told Council this is an inducement r,eolution for bc,nds for a proiect At 415 East Cooper for a 70/70 pro)ect with 8 deed restrtcted and J free market units. This Is brouiht to Council to see if thoy are willink to use litr's to fininc., the pia:leek.. T.,, &IV!1..a.% ftels the prolects is viably only if 188., car te . used. Ms. hutt.,:bauglt ., k.,1 c,aboil ,,1 to wake a dect..ic- c, .t1.: ..c7til t.:0 : 1%1:- ,fen NIN the rtoposal and the me:.,y hse..tt,,: it.e Itoup obd al. , Ir.e.r. at the quidelinus Councilman laaac ,:aid ir...:ectil askino for lid to provide something for the community. Councilman Van Nv,ti ,aid tht, Lines rr,vido royee housing. Mt h.1_i. repreruntina the a!Iltant, -.110 they applied under gtowth management and were kW nnt a.'cupted. Falsh said Oa-, woold H'.ce to act apiaoval from Council and then submit A prop.,,,1 Co V L C. St this p,int, .5,-, aLy 1.ektng tot an indLCOtIon from C....,,cil that tie; AL, s,i11171 t. ,'ona1d. : in,. tyi, . f t1b1nc1 nl. fSO. Vrcnota ,Atd the planni,ol e! ..,o, w•Lar. i l,...1., J1,1 olln0Uq- ,!...[L• is no plupo,al, the .1t,Ou,%10r. 1,---!, thele IS a ..1.d vv.- ■utIlt.,. .^... 19 1 .: I. .rld O( prO)vct the city would 11,, Lo ,ce eh.tor 1 11•••■•■,t.,• .. .1 1..• ., I• • ,• . • t. • .• .1...,/: ..,,,,...th 11.111s CA:. ,-11•,. , r•t.t•sl. .!-ec • i ary (..., 5UU.,.,11011, ts.um Inv ktty., !,“•0'..ti AC.:1 ,Jr to roUlt .., avrol•ItIvn. 'n I Set:,1,1i 4 ■..“11. t!..- I.,It h of COr.,1,I r•,•r, ti,^ 1.` r.,!1, t.■ , ',out 1, it'd eWo Sec' %. • add 13,tua... t.. .• tht :.,.. •!.- r 1 r.t t,. ..:tt: 1, 4 •- . t. IS s•.--.•:ut to, .•.toout ,oy 114,11tCy. I 4 Counct lmar. s.',I) s. ••s ...:. , ! •• r ,-.,:t1 ' it N-41 At.,.i to vot o or ...a.,A mote revs.. wt pt f. Cout,011, ..o, `.!■01,5,. .1■0 ••:••• would 10., t ' '"- tt, qatdel,:t.. .1:cd 0. t:•■• ..•••• ' . .,.1, "4.1 .. o 1 cold it t ht• C I ty 1, [:. t .,,,1 ! •••■I .•••i.•• • • lt•• ,•,.. :.:,; • b1..111■1■ C",,,L :.. • .. : .: .... Old ...1... t , r.:.... .,..r.... 4. . — • ,•,',0,,•1"•••t .A t . ;_.....“1 it Alt .,1,...1, •• C71,'' t.•■•,,t11•1 not se,t,iva tutus .0 du te,,,,,ina, •- ,1 bloc, ,nt ,.....t ..i w.it. ,...t11 ,,, ..,... • . 3 '.1,••• -r 1 ,.Kot 0,1,1. 1.. MAri.1;- . Ct.:II:MA. ...... .• L. 10 ,,n •' • c.lulIC.1 ..t.nui,, , . :...,.• • 0 ' .1._, . ,: • ! It .._ :,!' .1 . 1,!. ')-7:1 : 1 •:.i• 1(11,1$02T,:,.•■•tv, ' et f,,, 1hou Id 1.. OCt the . ,-1 1,N , 11.1. ,.,t t• .• '••1. : ,,• 1 • 1 1 ., • ,, . 1• 1 , . • . . ' . I. .• - 1 ,, t , ,..11.:, Cne • . . • . . , . . . . . . . . . . . . ■,. - •1 ���� �R�J' �^/"fir. ..' wr.Y -J�•Yom • f i�.a I j A } I 1. _ rIS .• �r�'(]'•�\ _ - ■ J tSl I ''��1;�� 1190 _ ..'__A....p..t Cit., Co3ncli September of l9Bp. on furl roadiMli seconded ►C1"i•r YrJt inJ ul Michael., ,;1. Lerle% a aye; Iread• 1' to s011 ltnnncY CL ncilrember• uallin id fl Isaac moved 41)11 Call Y4tY' iud. .'GLLDC11•. M„tion c•[r Brush Creek at SnOrfees , by Cu rerr .ur•.•n tt,:hen.•.. living i^ pe[rY• iya told CrI wt°• . ayes P Z member, jean Slat, )s CwnC. m•n InJ•c told Cr meal ■ and sh.,u11 resign from P 6 Z. • nndat Liquor e z /taaa on the convent agenda: for � AGpyDA eating on all Counsel (Tam ale. ; .._ CONSENT._ public hAPV°tntfent of dpecial of p.xwniners and AVDe o ■ vend the DGrill l 1N, board < Councilman Van Neu L n Nair a on Ordinance Van Ness closed the public hearing.and Section ran Va seconded by Councilman License ccuan,sl for Aspen Councilman end•1 Collins. aYe1 Nano Stewerc caaem moved comments. on the consent agenda, seconded aye)?her• were no all Refs lilac. aye)1 Councilmen Parry Coved to until approve rs Michael. aye;all voter Councllme^`be I • Vance Rolle Notion carr.ed. Van Nses. aYe• rn to Toronto for this R1tW CONt_ERLNCt about IS00 to send sofeo•�^aQer CMPs'a�at iLorhere _ I "an would O • or Council n°• Citterege •D lP Michael said It someone from staff n ••aid it and /s i^ Counoney in Council's travel et for this. Chapmache commercial iectos 1 conference and trhe i b[119 Chafber. e ' t• money in Couno►1`iss he fs Mason t° tMehe city. ilvrce'e I lbaroe Suffers to go and Co^apnications for seconded by Councilwoman e of marketing rs to the conference) ■ ehari Monroe Suer Parry Councilman lease Coved to send Couneiilfa^ should send snybodY• tion of Michael. 1 the cItY rtanc looking into tM s/tw S he did not tl this ran /CPO ee rho can aeaeas thaafd CouncicO Collins said he Celt needar:°e1SOCoweilcan Van Neas greed• ran::.lC Councilwoman sailed the tit intivo li �' Councilroe`e /vs dw1Ce in w p° to get tourists. tM Rlo Orande. alfovt • prot• lttfn9 Coney just , sutusl then• is careful ct coaA Motion catrled. the eery should W n Collins. Mo 1■ with the exception of Councilman tJI la laver. ascendance e[ the , ! Potion,•,,,,r OlgiTtll CO1101tL2t tans ticket• for WsCed Councilman ' �+ i ��'''_ by espenditur• of D Council teal r' moved to approve man Nlchael' Council cost. All in lave Councilman Collins with Confirms; seconded cow much regular attendance ' Colorado Mater bed. rich a budget e1 to how s"+c All in Councilman aarsnes seconded by Councilman Collins. ilfan Is+rau moved to a,llour” at SrSO p.m ' / , Couae ion carried. F . f c , Ya• lapr/ motion et t• t er 1. Ilk :\ pC . Y fit lye ay 1 f • i 1 i 1+ .. l Y {1 1 i • 1 ■ • i it. CLANENDON CONDOM INIUHS u•� I ! . AHENDMENi TO P.U.U. CERTIFICATE rr�r STATE OF COLORADO ) B. 4)COUNTY OF PITKIN , CITY OF ASPEN s�' Clerk, in and for said State, ;( n S. Koch, City - ':"'', I, Kathry foregoing is a - County and City, do hereby certify that the true, perfect and complete copy of the City of Aspen Council ) Minutes for September 27, 1982 as the same appears of record in my office. //�brelt01, , WITNESS my hand and official this day of 1982. / i� . ..�' t CLERK 0117 %I l 1 . 1 :; 11r.4J r. 1 / n r ► .. 1; 4 Pty Imo."• 7 • September 27. 1942 I Aspen City Council�=�—_.�" - - t Ihl AM4.NQM t1T - f n Co?9pi_heP his end he would lire to know CLAP[ • •lost t on tn• Idea then once one[der sold tM ► t 2 voted 9 were lust hung W eta. a that[del Mayor ht they changing tb• crap saying tMY not feel �P y said he thought not keep to this end yo ue t. P & 2 •webs r t left • unit Clarendon unit. re AI gift" Is doe. it should tM owners of • MO wneh we bought our the - of test vu U'► Joe Edwards.our Clar i. ! read • y believe into tot record from tO our they units. Colette went ,t ee the stag is not In our pest interest.out IS IM tptplc. . that it Is o Council one opposed for density .� .*. and planning pellwe ant change a very 1• In the cCOPle,w� h ulda taarMa• P felt edtwithter other E k+ applicant told Ctunctl Unit they •110wea only change. • P1 it soft said ter led an e_th�!r�`'�x'.�e SIN sat t a�� I tMt way. P 1 2 felt if aMt�l 9Qtro^&at�n0 feel yO hit• threshold of `I^oO development • i } this capability entf end tMY W Nnp;end ••��•r Nt•^y P M 1 1Ire► a different twit e. Won y�1Ny you to oM C0 Cws• K� OtW1 at • M land I has •freed Haugh of M Ndttte^ rte•nt•d by °,here o„^•d the hr jtdlffer•^t f rat built. 1t W, P ,nets. They Edwards Iii t• tap tNOldt�^d1 thl,tlh.�i�rondo^ oar• ttwght ter site. eMWa � • era in family,",, •IA •tt^• L Itwaat° se Pena Ise. for t dwl quest AS an ire's' r �1Mt tMt t for ter, re0wt P +f eta co nq Another rbl St ton against the •ppl tl:ann tonfoAh 1ha�hlyd several yearn Edwards ova res a a•S rate s rejudic•d age pee reaps M• nt.% t• howev r. t tlW tt s n- oer Md• na,eP 'd. Esaid ds sea the the cannot expand the iscars person la1nL•rry Mate felt Edwards au s lnsuffiN• t and and fourth like to .•P tahntt W eaWh,t growth present W is ter architect ton 1t% W tt Ira to ter Ir family silo c will wed ce�a^ air•• t t1Y the wee �p felt t Mr. law l P m zoning far N whit% per Inn•n currently d alter or parcel of t•t ell. r of ter tend the Toper would M 11\ '' went from tame additions cure said the a statement Roselle. manager does not cMea so any 1changes.it SAS units. Taw told Site. The building sea de`ignedef ter changes.din or more change a of the Shifting s1u. Gownell drw nt a atC,owpMt all spaces a Showed,Pert the existing room ratio 1,O.N�thtl MM+w Nt1ecc old w po„10 • to would b ter. bedroom ratio would •o the t the landscaping. It told Council possible ter (10) or two Edwards to welch wow would affect ctt 1•ndac*Pte' it all. nd places won area are not rented fryee wae1ri11 NPadd•d ,o that M mid eforigi the ohs and •t Christmas With parting space by the g lot to capacity project n the thH add filled •eery art R-1; tone • third parting id the wee •f ter unit, •n ,till s told his is a low Mesitylyd, under Edwards u ,on Roselle. 15) Single manager, said the W Council t space. low can , weeks In March. \ ' 117 Edwards heaCh $C On to/, acre in wore open nright t0 get r•r1•ne• lines.designed • nd"lain a►ue =0 5K is hecklrariance, you can get closer to property for the Iiiii‘i was the Clarendon review procedure can get • t W the PU0 plat for two parting spaces for t I. for n Might variance,Michael you re the amendment condltlat to•pPro !with the carried. Gewdded)can MIcMemoved u n for arry`' 7 All in favor. motion wills addition of pews-bedroom by [ownciltMn following be • ; seconded 1 Cut with tM 1Sl f El n - Subdivision Exception for the Strandberg M to grant Subd , Councilman Knecht moved Department. loft 1n the 1 conditions: N by tot Englnterle plat be approved district for khe tv0 ? w 1. Subdivision D to join • sidewalk improvement favis, notion carried.the t in TM applicant be seconded by Councilman Parry. , 2. one Is formed; tenor Went �C n art of the Ski Company to clear the prat. !. � 'S DEE M the part of hat been pang to c that tot UdduM Ned this vryismall triangle of cop and ee rKO overlooked . "eft r 1 Gary sary.Attorney t e+tttt. oat reviewed r d Died h confirming title problem City Attorney, request for a Maeor Its and Cary Carry• kap rove he Ma1or't Company's r Aspen. and ,urea City Council approve r the Aspen Ski Camp for nsitt of Parry. n Knecht moved t0 Approve City and seconded by tspcll10an Counelhla f a }race ion of %submittedLMayor's deed. Its owner to lD of to uKUto the Solaro tot Mayor carried. 1n to RRD-�I:n. direct eon Carr pt too�.� All to favor, motion C• let nest . . •r1 f 19P _5— ROD MAMCC����-9y��-g'_ tot orooertY t0 OAQt hearing. ref.eeeiw Darkln9 • opened the puo11C is la •n ordinance aces wYOr Idol open Cold Councits It is ordinance to two por a Y ntnq of adupl multi-family narked fiction. 1 Penh, Plan duple. o In the free Cl .t added to Wsin e ones already from • spices Its•%,rail E Collett �anged } bedrooms two parking Ironst duper` to for it nee c t u l61 'Here are tort gt ere. rein are unto. wan • „n,ta. if u 1 perking. It ease the e1 oaGau1e the dcPloYer �ploy'r u^Itn coiril t,'° could u`e t t•C.t with ant added the aDDllunt trcUO, if CO oc 1 chat Utfd raid arklnU vltt-far11,Y• ,,sake' DI the Ms. Dense .t nave tteUed D td 1„ e�,e U�rrn o.Inl tY were• and you uCn (rife JuDlee It r D� are tn0 i 1LruCtU,n the OU. D ^Cy lC�11. i!•ere •r,inllz rr;,,reeent d.'•J`4°,, 0 too 0, a ptN urtl tt trace ,! Inert are tc perking . !run Ir.r fired reQ.rr t r.ln,l I.r ter employes 10,0 of the nr d i �I,c ill e.rmpta :he V` uu ter aGDI uanl. told he r reMWrrt the r.�pl' unit.lJ i1 0� inm!tc a.inq o.. t utiC001100/1.14 t tort 00 there Prone tied rruuia.d. Nine, f`',.Irtenelm' u l Na,r1f ,;nn Kelly.soiccl spaces tQ o1 std will have,to le tacr,ntnf. rill 1 employee ” ; 1 i 1 l iiiil 3715 Regular Meeting Aspen City Council May 14, 1984• Gleister said another objective is to create an environment free of automobiles and there should be a barrier so that cars cannot go up the mountain. They have designed the project with underground parking, which is an expensive way to deal with cars but is justifiable becuase of the value of the land. Gleister said they are providing two spaces per residential unit. Gleister said the P 6 Z brought up many questions, which are detailed J in the report from the applicant. Another question was the height of the buildings, and I the applicant arrived at an agreement that the top of the roofs will be 36 to 38 feet. Jack Robertson, architect for the applicants, said in their design they are very concerned with the size of the faces of the buildings one can see on the mountain. They will use simple materials for the buildings. There is a peacefulness on the site they are trying to retain. Councilman Blomquist asked about the resolution of the ski jump problem. Council asked that the applicants work with the Ski Club and Ski Company on the jump and repositioning the Ski Club building. • Mayor Stirling asked what part of this PUD portion has a public benefit. Vann said the purpose of a PUD is to obtain development that would not occur under the interpretations of the regulations. Vann said the Top of Mill site, excluding the C, conservation portion and the rights-of way, there is an FAR of 35:1. The FAR, including all available-land, is .42:1, which is development below the 1:1 on the site. By allowing the application to cluster development, there is a maximum usable open space and less visual impact. Having the parking underground reduced intrusion in this transition area. These are benefits to the public. Councilman Blomquist asked if there is a possiblility of a scale model of the entire PUD. Donald Bain, representing, the Andermans, told Council they have a strong objection to 700 South Galena. Mayor Stirling said this will be addressed at a different tic it Councilman Knecht asked what variations were being asked for besides height. Doremus said the variation from the underlying zoning are parking and height. Vann said the Code requirement is one per bedroom, and the applicant is suggesting two parking spaces per unit plus guest parking and a limosine service. Vann said the Council has already approved a maximum FAR for the entire site as part of the lodge review. Council has reserved the right to re-examine the FAR. Vann said there is no employee housing require- ment since this is a reconstruction of an existing development. Councilman Blomquist said he would like to make sure that the city gets the trail link through this property and to get the best connection through this property. Donald Bain introduced a letter from ! his clients, the Andermans, into the record expressing a strong objection to the PUD. PCouncil will discuss this topic at the May 29th meeting. ( -/CLARENDON PUD AMENDMENT - Parking Reduction/GMP Exemption Richard Grice, planning office, told Council this property is zoned R-6, and the PUD was r1 approved allowing a zero lot line development. This property is zoned for 15.74 units land currently has 15 units. Gretchen Greenwood, architect for the applicant, went to the Board of Adjustment and received a variance to allow 16 units. This application is a request to construct a one-bedroom employee unit, restricted to low and moderate income guidelines. Ms. Greenwood showed Council the existing maintenance shed, to which they will add 700 square feet for the employee unit. There will be relocation of the trash area and sauna. There will be additional landscaping. . Councilman Blomquist pointed out the bicycle trail ends at the Clarendon and suggested trying to get the trail to connect to the west. Councilman Blomquist said he would like ' to ask the applicants for the trail easement through the Clarendon. Council agreed to try to get the extension of the trail easement. Ms. Greenwood said she would have to talk to the condominium owners before she agrees to the trail easement but would be willing to do so. • Councilman Blomquist moved to approve the Clarendon PUD amendment, parking reduction and GMP exemption subject to conditions 1, 2 and 3 in the planning office memorandum of May 14, 1984, and adding a fourth condition that the Ute trail easement be extended to Glory Hole park on an alignment acceptable to both the Clarendon and the city and that • said alignment and easement be placed on the plat; seconded by Councilman Knecht. All in favor, motion carried. BENNIS LOT SPLIT Councilman Knecht moved to table this item to May 29, 1984, at the request of the applicant; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #9, SERIES OF 1984 - Growth Management Quota System Councilman Blomquist moved to read Ordinance #9, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #9 (Series of 1984) AN ORDINANCE RECOMMENDING IMPLEMENTED TECHNICAL REVISIONS TO VARIOUS SECTIONS OF ARTICLE XI OF SECTION 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PERTAINING TO THE GROWTH MANAGEMENT QUOTA SYSTEM was read by the city clerk Councilman Blomquist moved to adopt Ordinance #9, Series of 1984, on first reading; seconded by Councilman Collins. Alan Richman, planning office, said there are technical difficult issues in this ordinance and Council should schedule a work session. Council scheduled a work session for May 21. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Regular Meeting Aspen City Council July 23, 1984 Jim Curtis said the applicants plan to house 1985 employees both from the lodge appli I� and the residential application as well as displacement of existing employee housed o property. In the lodge application, the applicant is committing to house 60 per cent ;1 the net new employees. Curtis pointed out the Council adopted a recent Code amendmen a minimum threshhold of 35 per cent of employees. This proposal is exceeding the thr 1 hold by quite a bit. Curtis said the applicants tried to identify the type of housin V that would be suitable for the different employees, and also to disperse the housing town and in the metro area. r 1 There are three levels of housing; the dorm room with shared facilities, which will the Copper Horse for seasonal and one-year employees making under $11,000 a year. Th 1 second type of housing is private room with private facilities; this is planned for t Alpina Haus. The next type is one- two- and three- bedroom apartments, which will be Ute City Place and Airport Business Center. This accommodates people-making $13,000 R $18,000. This is an attempt to match the employee housing types with the affordabili ii of these employees. Curtis said about 56 per cent of the housing provided will be de restricted to the low income. li II John Doremus said the housing proposal has been looked at by the planning staff, P & the housing authority. The first proposal on Ute avenue has been rejected. Alan Nov told Council the applicant felt there was concern from the neighborhood for employee ■ in the Ute avenue area even though an employee housing project for this area had pre been approved. Vann told Council this housing proposal provides employee housing wit substantial increase in construction. This proposal also ties up housing which has b H used for employee housing and places it under 50 year deed restriction. This proposa k applies to various income groups and different types of accommodations. Councilman Collins asked how the number 195 was arrived at. Curtis said 145 employee •, are the net result from the lodge application, 20 employees from the 700 South Galena project, and 30 employee replacement lost on the existing site. Councilman Collins a iihow many more employees are not being provided for. Curtis said about 120 employees. Vann pointed out not all employees will be new arrivals. Councilman Collins said thi proposal would displace employees to make new restricted units available, such as at Airport Business Center. Vann said the housing that is being converted is not 100 pe I occupied year-round by employees. Vann said it is almost impossible to build new hou to the scale this project requires for a number of reasons. This will deed restrict housing in the inventory, which is being lost by attrition. This also ties up housin } ;i 50 years and deed restricts it. Vann pointed out Council just voted that it was oner Irequire more than 35 per cent of the net increase of employees; this proposal is 60 p The proposal is somewhat less than 60 per cent because of displacement. Curtis said II housing authority has reviewed this proposal and has conceptually agreed. Councilwom --4 1 Walls said Council has previously agreed it is better to convert existing housing tha build new housing. David White, P & Z member, said he would like to see more employe 1 housing on-site. The P & Z did agreed that the metro area does keep losing employee Council asked this be brought on August 13 to finish up and formalize the action. V' I; SUNNY PARK ANNEXATION I' City Attorney Taddune reminded Council a petition for annexation election had been fi by the Smuggler Mountain area. Pitkin Council later filed an annexation petition for Sunny Park area. A petition for annexation election takes precedence over an annexat petition. Taddune told Council he has talked to the Smuggler Mountain group on how t j remedy their petition and nothing has been done. Taddune recommended Council find th petition for annexation election does not meet the state statutes standards. If Cour ` feels their questions regarding the Sunny Park annexation have been answered, they ca J4 I pass a resolution of intent to annex. Councilman Blomquist pointed out one of the gc of Council is annexation so that people around the city can participate in government ■ affairs. Councilman Blomquist said he would like to see the county as a partner in t I larger annexation and have it done right. 7 r Mayor Stirling moved to pass Resolution 015, Series of 1984, intent to Annex Sunny Pa i seconded by Councilman Blomquist. All in favor, motion carried. 0. RECONSIDERATION/CLARENDON TRAIL AMENDMENT l \�� Councilman Knecht moved to reconsider; seconded by Councilman Collins. All in favor, the exception of Councilman Blomquist. Motion carried. Sunny Vann, planning director, told Council the applicants feels that the prior apprc the Clarendon plat involved substantial dedications of land, they also paid a park de 1 tion fee, and granted trail easements and easements for expansion of rights-of-way. applicants feel the request for an additional trail is inappropriate. Vann said the ning office has not commented as trail easement did not bear any relationship to the request for PUD amendment. The planning office reviewed several trail alignments, a; the applicants have an alternative alignment. Gretchen Greenwood said the previous r was that the trail alignment be both acceptable to the homeowners and the Council. D 1 Greenwood said the alignment was not acceptable to the homeowners; it enfringed upon privacy and was not as originally planned when people bought their condominiums. Ms. Greenwood pointed out all the easements the Clarendon condominiums granted the c: There is an easement for the extension of West End street, which is a substantial ea; 1 There is a 10 foot strip along Ute Avenue, which was recorded on the plat, for the u! 1 a trail easement. Councilman Blomquist said this is a key link to the city trails s! and could be put right up against the Spruce trees. Ms. Greenwood showed photograph: the proposed bicycle path. The city has an easement to put the trail right along thr property line. Councilman Knecht said he liked Ms. Greenwood's proposal and it woulc Iclean up the south side of Ute avenue. 1 Councilman Blomquist moved to table this and meet with the applicants at the site an and acceptable route; seconded by Councilman Knecht. ..I 769 Regular Meeting - City Council July 23, 1984 - _ 1 Larry Yaw told Council the large group of trees distinguishes the privacy from public land. Yaw reiterated the homeowners have given the city a lot of easements and dedication; The homeowners feel this trail request would reduce privacy and the value of their homes. Also, this request was not anticipated when they purchased the units. There is an alterna- tive on this site for a trail. Joe Edwards pointed out when the city signed the subdivi- sion plat in 1975, the 8 foot trail easement was given on the city-side of the spruce i trees, that was acceptable at that time. Edwards pointed out in the city code, Section 20- 18, when there is a resubdivision, no further land dedications can be required. Edwards said it may be illegal to require an additional trail easement. Councilman Blomquist amended his motion to continue the meeting to July 24 at 7. 00 p.m. ; to meet on site and flag the trail routes; seconded by Councilman Knecht. All in favor, i motion carried. .ORDINANCE #22, SERIES OF 1984 - Bureau of Reclamation Agreement/Ruedi Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed 1 the public hearing. Councilman Knecht moved to adopt Ordinance #22, Series of 1984, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Walls, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ELECTION ISsuts 1 Mayor Stirling said the Council could put in the paper an informational outline on the q two questions for the special election to be held July 31, 1984. These are the land for the performing arts center and the cable television permit. One question is will the first issue raise taxes; the answer is no. Another question is why aren't the conveyance documents to Arts West Aspen spelled out in the ballot; the answer is that the conveyance 4 documents are complicated and some issues are yet to be resolved. City Attorney Taddune told Council Cap's problem has not been solved. Council said they would rather see this 4 question deleted. The next question about voters having a say in terms of the conveyance is yes, because this will be acted on by ordinance with a public hearing. Mayor Stirling said he feels it is important to get information out to the voters before the election and to appropriate money for the ad. Andy Hecht suggested that it be made ; clear_to the voters that their vote will not affect Cap's Auto Supply. Councilman Collins. said he would prefer to see the ad ask broader questions"'than these presented. Councilman Collins pointed out this land is worth about $2,000,000 and there is a cost for the tax- ' payers in this land trade. Councilwoman Walls pointed out this land was conveyed to the city for the purposeonly of a performing arts center. Councilman Collins asked if the i impacts of this center on the city have been looked at, fiscal, environmental, social, etc. Councilman Collins asked if the results have been looked at if the performing arts center fails. Councilman Knecht moved that Council not publigithis memorandum; seconded by Councilman Blomquist. All in favor, with the exception of Mayor Stirling. Motion carried. NORDIC FUNDING REQUEST 1 Craig Ward told Council they have formed a non-profit corporation. Last week they had a Board meeting, made up of Dick Knecht, Jeff Tippett, George Madsen as ex-officio members and elected officials; Peter Forsch, Skip Hamilton, Al Burnum, Rob Burnett, Greg Mace, Dick Jackson and Bob Wade. They formed working committees to address four different 1 programs of the Nordic Counsel. The purpose of the Nordic Counsel is to stimulate growth of Nordic skiing in the Roaring Fork Valley. The trail network system is one of four programs; it will provide the public with a free groomed trail system. The second program is to promote Aspen as a Nordic resort. The third program is to assist local school programs, providing equipment, scholarships. The fourth program is to help co-sponsor Nordic events. The Nordic Council will enhance the overall economic health of Aspen. Raoul Wille said he feels the Nordic Counsel will be of great benefit to the community. They will broaden the trails and offer more places to ski. Ward said the PCPA supports the Nordic Counsel and their programs. The Aspen Ski Company is enthused about the • programs. Ward said he is asking Council for their support. Ward said he feels very strongly about what the Nordic Counsel is trying to do, and he would like an appropriation of $5,000 rather than wait for the 1985 budget. Councilman Collins asked about other sources of funding. Ward said the Nordic Counsel is establishing a funding program; he has gotten support of eight businesses, and is going to corporate funding groups. Ward told Council he does not have a finalized budget but is working on it. Councilman Blomquist suggested giving $2,000 for the remainder of this year; budgeting $5,000 for next year as two months of their program will be in 1984. This would give some encouragement to this program. Mayor Stirling agreed this is a fantastic program, and there is afuture benefit- for the city. Mayor Stirling said the Council ought to wait until the budget hearings under the parks department and consider this in context of the budget. Ward told Council both the parks and recreation directors are supportive of this • program. Ms. Sonfield told Council this program will not save either the parks or recreation departments any money in their budgets. Ms. Sonfield pointed out of the non- profit organizations funded by Council, this is a large request for a new group. Ms. Sonfield said this money is not appropriate out of the land fund; therefore, it will have to come out of the general fund. A lot of money has been spent out of the general fund in 1984, and nb,e fund balance is decreasing. Councilman Knecht said he is very excited about this concept and the group of people that are coordinating it. Councilman Knecht said he would like to see the Nordic Counsel finalize their budget and bring it to Council with the rest of the non-profit organizations. Ward said one of the sentiments he has heard is that this is a large benefit to the municipality and the resort, couple are hoping the city will support this. Ward said he is coming forward now because much of the work in putting together either a downhill or Nordic ski area is wear-round. This is a newly-conceived idea and needs seed money. 3764 Regular Meeting Aspen City Council July 23, 1984 ICouncilman Knecht moved to approve the encroachment for Levitz with the two conditions �� requested by the engineering department; seconded by Councilman Collins. All in favor, motion carried. 1 ! Councilman Blomquist moved to continue the meeting to Tuesday, July 24, 1984, at 1:00 p.m. seconded by Councilman Knecht. All in favor, motion carried. Council left Chambers at 10:00 p.m. 'i i v i -S9, f i Kathryn S Koch, City Clerk ]1 i 1 1 Continued Meeting Aspen City Council July 24, 1984 iKalgayor Stirling, Councilmembers Collins and Knecht met at the south side of the Clarendon d at 1:00 p.m. to look at the trail alignment. Mayor Stirling moved to put the trail on the north side of Ute avenue along the street and the south side of the Clarendon property; 1 seconded by Councilman Knecht. All in favor, motion carried. Council adjourned. 1 i 4 Regular Meeting Aspen City Council August 13, 1984 } Mayor Stirling called the meeting to order at 4:10 a.m. with Commissioners Klanderud, Kinsley, Madsen, Child and Blake and Councilmembers Knecht, Collins, Walls and Blomquist present. t 1. Highway 82 Discussion. Mayor Stirling said the Council had voted for retaining the existing alignment. Council felt alternatives 2 through 4 would create extra traffic and are not the most efficient for the Airport Business Center and the airport. Council also felt these alternatives 2 through 4 do not make it easy for people arriving at the airport to get to either Snowmass or Aspen. Council felt using the meadows south of the airport I1 for the highway would be a significant loss of open space. Kinsley pointed out a meadow would be gained back on the other side where the highway would be torn out. Mayor Stirling said it would be more congested out there, and the trade off does not seem to be worth it.. 1 1 Mayor Stirling said proposals for the south side of the airport would cost all taxpayers more-money. The existing access provides a more scenic view of the valley. j Kinsley said alternative #1 would require at least three more traffic lights along the highway. Mayor Stirling said traffic lights create bottlenecks and may not be needed. Councilman Blomquist said the county is planning new entrances to the airport and may move the Airport Business Center intersection. Councilman Blomquist said the buses could use the service road to town. Councilman Blomquist suggested the county plan for four-laning and work with the highway department on phasing the four lanes. Commissioner Klanderud said the big problem at present is left turn lanes from Maroon creek, airport and airport business center to get back on the highway. i Mayor Stirling reiterated the Council is recommending the highway stay with the existing alignment. Kinsley asked when Council would feel the four-lane is justified. Mayor Stirling said it is a question of creating more urbanization with a four-lane highway or whether to keep things the way they are. There is a trade-off in this. Mayor Stirling said a four-lane may invite additional traffic, would have uses of the highway in a differ- ent way, and would change the character of the entrance to town. Kinsley asked what the Council envisions for the entrance to town. Mayor Stirling said the city engineer has a committee to look at all suggestions on the road from the Maroon creek bridge into town. ' Mayor Stirling pointed out the voters turned down an alternative entrance to town. Councilman Collins said there was an engineering study at the time with no desirable alternative. Councilman Blomquist said a good job has been done to present four different alternatives for the highway alignment. Councilman Blomquist said the city has to look at this road from the Maroon creek bridge into town and what a four lane would do to the area. Commissioner Child said at a public hearing held last Wednesday, most people did not favor an alignment on the south side of the airport. Kinsley said at a public hearing last winter, the public would evenly divided among the four alternatives. Kinsley said the County has to decide by November whether to ask the state highway department to four-lane . highway 82 between Brush Creek and Maroon creek. Commissioner Blake urged the Council to go out and walk the alignments in the meadows south of the airport. Blake said this 1 alignment would make the valley more rural. Councilwoman walls said where the highway is now was probably rural; now there is growth all along the highway. Kinsley said the land along the south alternative is public land so there will be no strip development along the highway. Blake said the highway has to be moved because of the runway according to the F.A.A. Councilman Blomquist asked if the Council had voted on two or four-lanes. Councilman Collins said the choice was modified, improved two-lane. Councilman Blomquist said he would like to consider a modified two-lane with planned phasing to become four-lane when necessary. Councilman Knecht said if there is any four-laning, it will come up the valley and then how do people get into the entrance of town. Councilman Knecht said progress l toward four-laning, then the city is in trouble. Madsen pointed out the study done for the county pointed out Pitkin county is going to run out of highway soon; there is too much traffic, especially in the summer. The engineers said a four-lane highway is needed. Madsen said Shale Bluffs area is very dangerous. A highway on the other side of the air- port would straighten out the road. Madsen said he would like the city and county to try and get unanimity for this project. Blake said he sympathizes about Council's feelings on the aesthetics on the entrance to r town and four-laning down to two-lanes. However, the long-term solution has to be looked. at. The county is trying to get a direction from the community for alignments, to try to preserve open space, and to consider the long term impacts of the present alignment. ACTION OF THE BOARD OF DIRECTORS OF THE CLARENDON CONDOMINIUM ASSOCIATION WITHOUT A MEETING Section IV(8) of the bylaws of the Clarendon Condominium Association, Inc. , provides that action may be taken by the Board of Directors without a meeting if a written consent setting forth the action to be taken shall be signed by all of the Directors . 1 . The Board of Directors hereby consents in writing to the within action by the Board without the necessity of a formal meeting. A copy of this consent and action shall be placed with the minutes and other records of the Association. 2 . The owner of Unit 11 desires to convert that unit from two bedrooms to three bedrooms in the same manner that Units 6 , 7 , 8 and 12 have previously been converted and utilize the Clarendon' s original architect. The Board finds that such modification would not endanger the common elements or compromise the architectural integrity of the building and, therefore, approve such modification subject to the other provisions hereof. 3 . The City of Aspen Planning Department has requested that, since there have been two prior applications to amend the P.U.D. plan for the Clarendon Condominiums to allow for the expansion of units from two bedrooms to three bedrooms and since there remain four two-bedroom units in addition to Unit 11 , the application for amendment of the Clarendon P.U.D. plan for expansion of Unit 11 include a blanket request for expansion of all two-bedroom units to three-bedroom units in order to avoid future piecemeal amendments . The Board finds that such blanket request for approval for expansion of all two-bedroom units to three bedrooms is in the best interest of the owners. 4 . The president and secretary are authorized and instructed in behalf of the Association to execute as coapplicants with the owner of Unit 11 a letter of authorization granting the law offices of Joseph E. Edwards, Jr. , authority to file an application to amend the approved P.U.D. plan for the Clarendon Condominiums to allow conversion of the two-bedroom units to three bedrooms, a copy of which letter of authorization is attached as Exhibit A, provided all expense connected with processing such application shall be borne by the owner of Unit 11 . 5 . Conditioned on prior receipt of approval by the City of Aspen of the amendment to P .U.D. plan and subject to the provisions hereof, the owner of Unit 11 and his agents are granted a license to encroach on and modify the general common elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit in accordance with the drawings attached hereto as Exhibit B . 6 . The assurances and guarantees of the Indemnity Agreement (attached as Exhibit B) are deemed adequate to protect the Association and the other owners, and the president and secretary of the Association are authorized and instructed to execute the Indemnity Agreement which is incorporated herein by this reference. 7 . The construction and modification of Unit 11 must all occur at one time and shall take place only during the period from April 1 to June 45 or Labor Day to December 15 . Date: 7c-cf--4L 2- 7 , 1989 . 1 D IF DI 11I T• • - O. ;H• CLARENDON CONDOMINIUM ASSOCIATION ,e? ,, / AK 4■44.6.1.-de . -/' -Al k- 11;7-?XE/I(' (4X---C-77-5e:-(--./ I I D21/09 -2- December 29 , 1989 Aspen-Pitkin Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P .U.D. Plan for—Clarendon Condominiums Dear City of Aspen Planning Department: The Clarendon Condominium Association, Inc. , a not-for-profit Colorado corporation, is the record owner of the general and limited common elements as described in the Condominium Declaration for the Clarendon Condominiums recorded in Book 319 at Page 415 , et seq. , the first amendment thereto recorded in Book 410 at Page 80 , et seq. , and the second amendment thereto recorded in Book 448 at Page 581 and the Condominium Map filed in Plat Book 5 at Page 36 , the first amendment thereto filed in Plat Book 11 at Page 71 , the second amendment thereto filed in Plat Book 18 at Page 67 , all in the records of the Clerk and Recorder ' s Office, Pitkin County, Colorado. The property is legally described as Lot 1 , Parcels 1 , 2 and 3 , Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. The Clarendon Condominium Association, whose address is c/o Chuck Frias, Aspen Club Realty, 730 East Durant Avenue, Aspen, Colorado 81611 , and whose telephone number is (303) 920-2000 , authorizes the law offices of Joseph E . Edwards, Jr. , Suite 109 , 201 North Mill Street, Aspen, Colorado 81611 , whose telephone number is (303) 925-7116 , to file with you any applications under the Aspen Land Use Regulations they shall deem necessary for amendment to the P.U.D. plan for the above described property. Very truly yours , CLARENDON CONDOMINIUM ASSOCIATION, INC. Attest: 11/j/ President //Secretary L4/11 INDEMNITY AGREEMENT THIS AGREEMENT is made between as the owner (s) (hereinafter Owner) of Unit d( of the Clarendon Condominiums, Aspen, Colorado (hereinafter the Unit) , and the Clarendon Condominium Association, Inc. , a Colorado non-profit corporation (hereinafter the Association) for itself and on behalf of all other owners of Clarendon Condominium units. WHEREAS , the Clarendon Condominiums are a Colorado condominium as evidenced by the Condominium Declaration recorded in Book 319 at Page 445 , et seq. , the first amendment thereto recorded in Book 410 at Page 80 , et seq. , and the second amendment thereto recorded in Book 448 at Page 581 , et seq. , and the Condominium Map filed in Plat Book 5 at Page 36 , the first amendment thereto filed in Plat Book 11 at Page 71 , and the second amendment thereto filed in Plat Book 18 at Page 67 , all in the records of Pitkin County, Colorado; and WHEREAS , by the authority of §§ 4 .1 and 4 .2 of the Condominium Declaration, the Association is the entity responsible for the management and control of the general and limited common elements of such condominium; and WHEREAS , the Owner desires to construct an addition to the Unit by the addition of a third bedroom to the Unit; and such construction will require access and various structural changes to the general and limited common elements of such condominium; and WHEREAS , the Association has approved the addition to the Unit subject to the terms and conditions hereof; NOW, THEREFORE, the parties hereto agree as follows. 1 . The Owner shall use a licensed building contractor of good reputation to perform the addition of the third bedroom to the Unit. The Association shall be given written notice of the name , address and phone number of the contractor selected by the Owner of the Unit and a copy of the proposed construction contract at least ten days prior to the Owner ' s execution of the construction contract. Included with the notice shall be a list of some principal buildings constructed by the contractor. 2 . The Owner of the Unit and his/her agents shall perform all the work to be done on the general and limited common elements of the Clarendon Condominiums and on the Unit in a good, workmanlike manner of a quality equal to that of the existing Clarendon Condominium building. All such work shall be done in accordance with the architectural construction drawings prepared by Hagman Yaw Architects, Ltd. , copies of which construction drawings are attached hereto as Exhibit A. 3 . The Owner and his/her agents shall be authorized temporarily to store necessary building materials for a reasonable length of time on the open space portion of the general common elements land adjacent to the rear portion of the Unit. The Owner shall not be authorized to store scrap or junk materials from the construction, and all such scrap materials shall be removed forthwith from the site. 4 . The Owner will begin such construction on , 19 , and complete all such construction and clean up by , 19 The Owner and his/her agents shall work continuously on such improvement project and shall not abandon the work or cease the diligent continuance of such construction once it is begun. 5 . The Owner and his/her agents shall have the right to encroach on the general and limited common elements immediately adjacent to the Unit and to make additions and improvements to such general and limited common elements all to the extent reasonably necessary to construct the third bedroom addition to the Unit in accordance with the drawings set forth in Exhibit A. 6 . The Owner and his/her agents shall use the same type of construction procedures and the same building materials and color scheme originally utilized for the construction for the Clarendon Condominiums and shall cause such addition to appear to be integral with and identical to the originally constructed portion of such building . 7 . The Owner shall file necessary applications and obtain all required approvals from the City of Aspen or other appropriate approval agencies and will pay all required fees and charges for obtaining an amendment to the Clarendon Subdivision P.U.D. Plan, all building permits or other required approvals or permits . 8 . The Owner shall obtain the approval in writing of the owners of 70% of the voting points of the Clarendon Condominiums to approve the amendment to the Condominium Declaration and Exhibit B thereto and the Amended Condominium Map and shall record such written approvals and the Amended Declaration and Map and pay all fees for such recordation. 9 . The Owner agrees to indemnify the Association and all of the other owners of condominium units in the Clarendon Condominiums against any and all claims for loss , D21/06 -2- liability or damage arising out of or in connection with the work done or to be performed or from the acts or negligent omissions of the Owner or his/her agents or employees, however caused, while such agents or employees are on, entering or leaving the premises of the Clarendon Condominiums. IN WITNESS WHEREOF, the parties hereto have executed this agreement , 19_ Owner, Unit Owner, Unit Attest: CLARENDON CONDOMINIUM ASSOCIATION, INC. c I 29:V 5</f/L..e,q/Ald■7 j ("Secretary of Clarendon President Condominium Association, Inc. • D21/06 -3-