HomeMy WebLinkAboutLand Use Case.HP.920 W Hallam St.A024-98
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DECLARATION FOR
LOT B, ASPEN HISTORIC COTTAGES
(A Common Interest Planned Community)
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DECLARATION FOR
LOT B, ASPEN HISTORIC COTTAGES
(A Common Interest Planned Community)
Aspen Historic Cottages East, LLC, a Colorado limited liability company (the "Initial
Owner"), as the owner of certain real property subject to this Declaration, located in the
City of Aspen, County of Pitkin, State of Colorado, legally described as Lot B, Aspen
Historic Cottages, according to the Subdivision Exemption Plat thereof recorded in Plat
Book 48 at Page 43 in the office of the Pitkin County Clerk and Recorder ("Lot B"),
hereby creates a Common Interest Planned Community within Lot B consisting of Units B-
land B-2 (the "Property"), and more particularly described on the Common Interest
Planned Community Plat for Lot B, Aspen Historic Cottages filed for record in the office of
the Pitkin County Clerk and Recorder in Plat Book _ at Page _ (the "Plat"). The Initial
Owner hereby makes the following grants, submissions, and declarations.
ARTICLE I
STATEMENT OF INTENT AND PURPOSES
The law which governs the type of development of the Property contemplated by
the Initial Owner is the Colorado Common Interest Ownership Act (Article 33.3 of Title
38 of Colorado Revised Statutes) as the same may be amended from time to time (the
"Act") because the contemplated development of the Property is as a"common interest
community" (as such term is defined in the Act). The type of common interest community
which the Initial Owner contemplates developing on the Property is known as a "planned
community" (as such term is defined in the Act)because portions of the Property are
designated for separate ownership by individuals or entities and the remainder of the
Property is designated for ownership in common by Owners of both Units B-1 and B-2.
ARTICLE"
CREATION OF COMMON INTEREST COMMUNITY
2.1 General Purooses. The Initial Owner desires to create a common interest
planned community within Lot B consisting of Units B-1 and B-2 and to establish a means
to ensure the proper use and appropriate development of the common interest community
as a high quality, aesthetically pleasing and harmoniously designed residential project by
means of mutually beneficial covenants, conditions and restrictions imposed on the
common interest community for the benefit of the Initial Owner and all future owners of
any portion of the Property.
2.2 Declaration. To further the purposes expressed in Article 2.1 hereof, the
Initial Owner, for itself, its successors and assigns, hereby declares that the Property shall,
at all times be owned, held, used and occupied subject to the provisions of this instrument,
to the covenants, conditions and restrictions contained herein and to all amendments and
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supplements hereto.
2.3 Creation and Name of the Common Interest Community and Name of the
Association. The Initial Owner hereby creates a common interest planned community
under the name and style of Lot B, Aspen Historic Cottages (the "Project"). The
Association shall be organized under the name and style of Lot B, Aspen Historic Cottages
Association.
2.4 Location and Tyoe of Common interest Community. The Project is situated
in the City of Aspen, Colorado. The Project is a planned community for the reasons set
forth in Article I.
2.5 No Declarant. The Initial Owner is executing this instrument in its capacity
as owner ofthe Property and shall not be considered a "declarant" (as such term is defined
in the Act). The Initial Owner is not a person who: (I) as part of any common promotional
plan is offering to dispose of an interest in a Unit or (ii) is reserving or succeeding to any
special declarant rights. Initial Owner is merely acting as a facilitator for purposes of the
development Project and transfer of Units to the real parties in interest. Accordingly, Initial
Owner shall not have either the rights or obligations of a declarant under the Act except
the obligation to deliver a copy of this instrument, as recorded, to the Assessor of Pitkin
County, Colorado set forth in Section 105 of the Act. Each Owner by acceptance of a
deed to a Unit subject to this Declaration, acknowledge and agree that Initial Owner shall
not be considered as a" declarant" for purposes of the Act.
2.6 No Develooment Rilrhts. The Initial Owner declares that it is its intention
that it shall not reserve any development rights which would include the rights to: (a)add
real estate to the Project; (b) create additional units except on the two Units on which two
residences may be developed by the Initial Owner, or "common elements" or"limited
common elements" (as such terms are defined in the Act) within the Project;(c) subdivide
units or convert units into common elements or (d) withdraw real estate from the Project.
ARTICLE III
DEFINITIONS
The following definitions shall apply in the Declaration, unless the context shall
expressly provide othelWise:
3.1 Common Area. "Common Area" shall mean the real property identified as
General Common Element ("G.C.E. ") on the Plat which is intended for ownership by the
Association.
3.2 Common Imorovements. "Common Improvements" shall mean: (a) any and
all improvements now or hereafter constructed upon the Common Area including but not
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limited to telephone boxes, electrical transformers, trash enclosures and trash containers
and (b) any utilities, dry wells, walkways and snow melt systems as shown on the Plat.
3.3 Improvement. "Improvement" or "Improvements" shall mean and refer to
any improvement constructed on the Project, including, but not limited to any structure,
fIXture, landscaping, site grading, driveway, sidewalk, drainage channel, drains, culvert,
roadway, fence, wail, deck, patio, parking structure, shed, playground facility, located on
any part of the Project, on or below the surface of the land.
3.4 Initial Owner. Initial Owner shall mean Aspen Historic Cottages East, LLC,
the Members of which are persons or entities who contributed money for the acquisition of
the Project and who will receive a Unit upon the recording of the Plat and this Declaration
and who shall then become the first owners hereunder.
3.5 Member. "Member" shall mean and refer to any person, firm, corporation,
partnership, association, trial or other legal entity, or any member of combinations thereof
who own(s) one (1) or both of the Units and automatically is a Member of the
Association. "Member" and "Owner" (as hereinafter defined) may be used
interchangeably herein, unless the context provides otherwise.
3.6 Owner. nOwnern means any person, firm, corporation, partnership,
association, or other entity or any number or combinations thereof who own(s) one or
both Units. The term owner shall not refer to any mortgagee, unless such mortgagee has
acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
3.7 Properties. Land and Proiect. nPropertiesn nLandn and nprojectn shall mean
and refer to that certain real property described on the Plat. The Project shall include the
Properties, Land, Units, Buildings and Common Property.
ARTICLE IV
OWNERSHIP
4.1 Submission to Ownership. The Initial Owner hereby submits the Project and
the Property to ownership pursuant to the Colorado Common Interest Ownership Act as
the same exists on the date the Declaration is recorded in the records of the Office of the
Pitkin County Clerk and Recorder, together with any future improvements contemplated
by the plans and specifications for the Project.
4.2 Division of PropertY into Units and Common PropertY: Conveyance. The
Property is hereby divided into two (2) fee simple estates, in the form of Units B-1 and B.
2, each of which is or will be improved with a single family residence sharing the Common
Property. The Initial Owner has no right to enlarge the Project.
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4.3 Descriotion of Unit.
(a) After the Plat showing a Unit, and this Declaration have been recorded, every
contract, deed, lease, mortgage, deed of trust, or other instrument will legally
describe a Unit as follows (with the proper recording references filled in);
Unit [B-1] or [B-2], Aspen Historic Cottages, according to the
Plat thereof filed for record in the real estate records of Pitkin
County, Colorado.
(b) Every such description shall be good and sufficient for all purposes to sell, convey,
transfer, encumber or othelWise affect the Unit, and the Improvements thereon and
incorporate all of the rights, limitations, and burdens incident to ownership of a Unit
as described in this Declaration and the Plat. Each such description shall be
construed to include a nonexclusive easement for ingress and egress to and from an
Owner's Unit and the use of all Common Property, except as othelWise limited (but
not eliminated) on the Plat, the Articles of Organization or By-Laws of the
Association or rules and regulation promulgated by the Association.
(c) The reference to the Plat and Declaration in any instrument shalt deemed to include
any supplements or amendments to the Plat or Declaration, without specific
reference thereto.
4.4 Plat. Prior to any conveyance of a Unit, the Plat shall be recorded. The Plat
shall conform to the requirements of the Colorado Common Interest Ownership Act, as
then in effect and shall depict and show in the aggregate at least the following: the legal
description of the Properties and a survey thereof and the location of the Units, two
dimensionally (i.e., with vertical boundaries only). The Plat shall contain the certificate of
a registered, licensed Colorado land surveyor certifying that the Plat substantially depicts
the intended location of the Units.
4.5 Inseoarabilitv of a Unit: Prohibitions Ag-ainst Timesharing-: Combination of
Units. Each Unit, as well as all other appurtenances, rights and burdens shall together
comprise one Unit, which Unit shall be inseparable and may be conveyed, leased, devised
or encumbered only as a Unit. No Unit may be subdivided into two (2) or more Units,
time shared or broken into any fractional fee or any other form of interval ownership or
estate as those terms are defined under the laws of the State of Colorado or those of any
governmental agency having jurisdiction over such matters. The foregoing shall not be
construed to prohibit the combinations of an adjacent Unit.
4.6 Seoarate Assessment and Taxation. The Initial Owner shall give written
notice to the Assessor of Pitkin County, Colorado, of the creation of ownership in the
Project, as is provided by law, so that each Unit shall be deemed a separate parcel of real
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estate for purposes of separate assessment and taxation.
4.7 Form of Owners hiD: Title. A Unit may be held and owned in any real
property tenancy or estate recognized under the laws of the State of Colorado, except as
prohibited under Article 4.5 above.
4.8 Owners' Allocated Interest in Common ProDertv. For each Unit the
allocated interest ("Allocated interest") for purposes of the percentage of Common
expenses to be paid by that Unit if any and voting rights in the Association shall be equal to
the allocated interest of the other Unit. Each Unit's Allocated Interest shall be one-half
(~).
4.9 Limitations on Common ProDertv. The Common Property shall be owned by
the Association. By the acceptance of a deed or other instrument of conveyance or
assignment, each Owner specifically waives any right and agrees not to institute or maintain
a partition action or any other action designed to cause a division of the Common
Property.
4.10 Use of Units and Common ProDertv. Each Owner shall be entitled to
exclusive ownership and possession of such Owner's Unit and rights in other easements if
any created under this Declaration and the Plat. Each Owner may use the Common
Property in accordance with the purpose for which it is intended, without hindering or
encroaching upon the lawful rights of the other Owner. The Association may adopt rules
and regulations governing the use of the Common Property as hereinafter more fully
provided for, but such rules and regulations shall be uniform and nondiscriminatory. Each
Owner, by the acceptance of a deed or other instrument of conveyance or assignment,
agrees to be bound by the existing and subsequently adopted rules and regulations.
ARTICLE V
PROPERTY RIGHTS
5.1 Termination of Mechanic's Lien Rilrhts. No person or entity furnishing labor
or materials to a Unit with the consent or at the request of an Owner, such Owner's agent,
such Owner's contractor or subcontractor, shall be entitled to file a mechanic's or other
lien against the Common Property or the Unit of other Owner who has not consented to
or requested the work. Each Owner shall indemnify and hold harmless the other Owner
from and against all liability arising from the claim of any mechanic's or other lien against
the Common Property or the other Owner's Unit for construction performed or labor,
services or materials furnished or supplied to the Owner's Unit at the Owner's request.
Notwithstanding anything in this Article to the contrary, any Mortgagee of a Unit who or
which shall become the Owner of that Unit pursuant to a lawful foreclosure sale or the
acceptance of a deed in lieu of foreclosure shall be under no obligation to indemnify and
hold harmless any other Owner for claims arising prior to the date such Mortgagee shall
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have become an Owner.
ARTICLE VI
EASEMENTS
6.1 Easements for Encroachments. In the event that any portion of the Common
Property now or hereafter encroaches upon any Unit, or if any such encroachments shall
occur hereafter as a result of (i) settling or shifting of any Building or other Improvements
(ii) alteration or repair to the Common Property, or (Iii) for any other reason, a valid
easement shall be deemed to exist for the encroachment and for the maintenance of the
same shall exist.
6.2 Maintenance and Utility Easement. The Association, its officers, directors,
agents, independent contractors, employees, assigns and other easement holders shall have
the irrevocable right, upon, across, in, over and under the Common Property and the Units
as may be necessary or appropriate to perform the duties and functions which it is
obligated or permitted to perform pursuant to this Declaration, including the right to
construct and maintain on the Common Property for the use of the Association and for
the installation, maintenance, repair and replacement of underground utilities to serve the
Units.
ARTICLE VII
UNIT OWNERS
7.1 No Association. The Administration of the interests of Owners of both Units
within the Project shall be governed and administered by this Declaration.
ARTICLE VIII
CERTAIN RIGHTS AND OBLIGATIONS OF UNIT OWNERS
8.1 Maintenance of Units. Each Owner shall have the obligation to maintain and
keep in good repair all of such Owner's Unit and all improvements thereon including but
not limited to all buildings, landscaping or yard areas, and all pipes, wires, conduit or
systems, if any, running through such Owner's Unit which serve the other Unit. Such
utility facilities shall not be disturbed or relocated by an Owner without the written prior
consent and approval of the other Owner, and any such alteration, relocation,
enlargement, addition or modification shall be at the Owner's expense.
8.2 Maintenance of Imorovements. Each Owner shall maintain and keep in
repair their Unit and improvements thereon, including landscaping.
ARTICLE IX
RESTRICTIONS
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9.1 Use Restrictions. Only one single family residence (a "Residence") may be
constructed on each Unit. Each Residence constructed on a Unit shall be used and
occupied primarily for residential use by the Owner of such Unit and such Owner's guests.
Each Residence constructed on a Unit may be used and occupied secondarily, for a home
office by the Owner of such Unit or such Owner's guests if the home office complies with
the following criteria: (i) no goods or merchandise may be produced, stored, displayed or
sold as a part of the business conducted at the home officej (ii) the home office shall be
operated by a person whose principal residence is in the Residence and only one other
person not resident in the Residence may be employed or associated with the business
conducted at the home office. All of the uses and occupancies described in this Article
9.1 shall be only as permitted by and subject to the appropriate and applicable
governmental zoning and use laws from time to time in effect. An Owner shall have the
right to lease such Owner's Unit upon such terms and conditions as such Owner may deem
advisablej provided however, that: any failure of a lessee to comply with the terms of the
Declaration, shall constitute a default by such Owner.
9.2 Area. The Residence to be constructed on Unit B-1 shall not exceed 1,000
square feet. The Residence to be constructed on Unit B-2 shall not exceed 1,854 square
feet. All additional allocated area permitted from time to time if any shall be allocated
1/3 to Unit B-1 and 2/3 to Unit B-2.
9.3 Animals. No animals shall be raised, bred, kept or regularly brought to the
Project except for animals which are trained to and are in fact assisting persons with
disabilities and except for the following pets which may be kept at a Unit: (a) no more than
two dogsj (b) no more than two catsj and (c) any number of other small ordinary
household pets which are confined to the Residential unit such as parakeets, parrots,
canaries, gerbils and fish. All pets shall be subject to the laws of the City of Aspen.
9.4 Unsi~htlv Conditions. DumDin~ and Outside Stora~e. No unsightly objects or
materials shall be placed on the exterior portions of a Unit. No part of a Unit shall be used
as a dumping ground for garbage, trash or waste and the same shall be stored in a covered
container and disposed of in a sanitary manner. No outside storage shall be permitted on
any Unit except with the prior written permission of the other Unit Owners.
9.5 No Noxious Offensive Hazardous or Annovin~ Activities. No noxious or
offensive activity shall be carried on upon any part of the Project nor shall anything be
done or placed on any part of the Project which is or may become a nuisance or cause any
unreasonable disturbance or annoyance to others. No activities shall be conducted on any
part of the Project which are or might be unsafe or hazardous to any person or property.
No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising
from the use of a Unit shall be permitted.
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9.6 No Violation of Law. No Owner and no Owner's guests shall do anything or
keep anything in or on the Project which would be in violation of any statute, rule,
ordinance, regulation, permit or other validly imposed requirement of any governmental
body.
9.7 T emporalY Structures. Occupancy and Incomplete Structures. No
temporary structures, mobile home or trailer except construction trailers shall be allowed
on either Unit. No space in a Residence shall be occupied in any manner prior to
completion of construction and the issuance of a temporary or permanent certiflcate of
occupancy by the appropriate governmental authority with respect to such space. No
partially completed structure shall be allowed to remain on a Unit except during the period
of construction, alteration or demolition of such structure and providing that the
completion of such construction, alternation or demolition is being pursued with reasonable
diligence.
9.8 Denial of Certain Ril!'hts with Respect to the Units. The Owners shall not
have the following right with respect to their Units as described in the Act: the right to
subdivide a Unit in accordance with the provisions of Section 213 of the Act.
9.9 Variances. A Unit owner shall be entitled to grant reasonable variances to
the restrictions contained in this Article X to the other Unit owner requesting a variance.
ARTICLE X
INSURANCE
10.1 Comprehensive General Liability and PropertY Insurance.
10.1. t Comprehensive general liability and property damage insurance
shall be purchased by the Association and shall be maintained in force at all times, the
premiums thereon to be paid by the Association as a Common Expense. The insurance
shall be carried with reputable companies authorized to do business in the State of
Colorado, in such amounts as the Association may determine in the event there is no agent
the owner of Unit B-2 shall make such determination; the insurance carrier should have a
current rating by Best's Insurance Reports of VI or better, or a financial rating of Class VI
and a general policyholder's rating of at least A. If the insurer does not meet this rating
requirement, the insurer must be reinsured by a company that does have a current rating
by Best's Insurance Reports of VI or better.
10.1 .2 The comprehensive policy of general liability insurance shall be
in force for a minimum amount of One Million Dollars ($1,000,000.00) per occurrence,
covering all claims for bodily injury and/or property damage arising out of a single
occurrence, such coverage to include protection against liability for non-owned and hired
automobiles, liability for property of others, and other risks which are customarily covered
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with projects similar in construction, location, and use. The policy or policies shall name as
insured all of the Owners generally, the Association, each member of the Board, the
professional Management Contractor, and their respective agents and employees. The
policy or policies as referenced in Sections 10.1.1 and 10.1.2 hereof shall insure against
loss arising from perils or on in the Common Property only and in any other areas which
the Association has a maintenance responsibility and shall include contractual exposures of
the Association or the Board. It shall not include liability coverage for the individual Units.
10.1.3 The policy or policies shall contain a clause conclusively
establishing that the Association's policy shall be primary insurance and a "severability of
interest" clause or endorsement which shall preclude the insurer from denying a claim of an
Owner or the Association because of negligent acts of the Association or other Owners.
1 0.2 Fire and Hazard Insurance. Fire and hazard insurance for the Common
Property and Units shall be purchased by the Association and shall thereafter be maintained
in force at all times, the premiums thereon to be paid by the Association as a Common
Expense, such policy to cover all Improvements. The policy or policies shall be of a master
or blanket type with a standard all risk endorsement, and insure against loss from perils
therein including broad form coverage on all of the Improvements to the Common
Property and Units, except such as may be separately insured, and except land, foundation,
excavation and other items normally excluded from coverage. Such policy or policies shall
contain extended coverage, vandalism, and malicious mischief endorsements, and shall
conclusively establish that the Association's insurance shall be primary insurance. The
Improvements to be insured under this clause shall be continually insured to full insurable
replacement value. If reasonably available, the policy or policies shall contain a stipulated
amount clause, or determinable cash adjustment clause, or similar clause to permit a cash
settlement covering specified value in the event of destruction and a decision not to
rebuild. The policy or policies shall name as insured the Association, the Owners and their
Mortgagees. The policy or policies shall also cover personal property owned by the
Association, and shall further contain a waiver of subrogation rights by the carrier as to
negligent Owners. The insurance shall be carried with reputable companies authorized to
do business in the State of Colorado, in such amounts as the Board may determine. The
insurance carrier should have a current rating by Best's Insurance Reports of VI or better or
a financial rating of Class VI and a general policyholder's rating of at least A. If the insurer
does not meet this rating requirement, the insurer must be reinsured by a company that
does have a current rating by Best's Insurance reposts of VI or better.
10.3 No Individual Fire and Hazard Insurance on Corumon Prooertv. The blanket
policy or policies to be carried by the Association and referenced under Section 9.2 above
must provide that it is primary over any policy or policies separately carried by an
individual Unit Owner and that the proceeds of the individual policy or policies carried by
such Owner shall only be used to the extent that the proceeds of the insurance carried by
the Association are insufficient to cover any losses.
9
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10.4 Owner's Personal Liability and Property Insurance. An Owner may carry
such supplemental property, fire and personal liability insurance as such Owner may desire.
It is understood that the Association policies described herein will provide no insurance
coverage for the contents of the Buildings on the Units, nor any homeowner's liability
protection for the Units.
to.S Attornev.in. Fact. The Association is hereby appointed the attorney in fact
for all Owners to negotiate loss adjustment on the policy or policies carried by the
Association under this Article.
10.6 Proceeds. The Association shall receive the proceeds of any casualty
insurance payments received on the policies obtained and maintained by it pursuant to this
Article. To the extent that repairs and reconstruction are required herein and there is a
determination that the Properties shall not be rebuilt, the proceeds shall be distributed in
the manner provided in Article 10 regarding casualty, damage or destruction.
10.7 Notice of Cancellation or Modification. The policy and/or policies required
hereunder must provide that they cannot be canceled or substantially modified by any
party, without at least ten (10) days prior written notice to the Association, and to each
holder of a First Mortgage which has requested in writing that it be listed as a scheduled
holder of a First Mortgage in the insurance policy.
10.8 Biennial Review of Policies. All insurance policies shall be reviewed at least
biennially by the Association to ascertain whether the coverages contained in the policies
are sufficient for the upcoming year, whether any necessary repairs or replacements of
damaged property which occurred in the preceding year were covered by insurance, and
that all possible insurance claims have been tiled.
10.9 Deductibles. Unless the Board otherwise determines, no insurance policy
applicable to either fire or extended coverage shall contain a deductible clause which
exceeds the greater of:
(I) Ten Thousand Dollars ($10,000.00); or
(II) One percent (1 %) ofthe face amount of the policy.
If an Owner, who by negligent or willful act, causes damage to the Common Property or other
portion of the Properties which are insured as a Common Expense, then that Owner shall bear
the whole cost of the deductible required in the blanket insurance policy for the Association
on the Common Property or Units, as the case may be. An Owner shall be responsible for any
action of members of such Owner's family, tenants, invitees, or guests who cause damage to
said Common Property or other portions of the Properties.
10
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10.10 Waivers. All policies of insurance shall contain waivers of subrogation
and waivers of any defense based on an invalidity arising out of the acts of a Member of the
Association.
ARTICLE XI
PRE EXISTING RESERVATIONS. RESTRICTIONS.
EASEMENTS AND COVENANTS
The Properties are subject to the following reservations, restrictions, conditions,
exceptions, easements and covenants at the time of the recording of this Declaration:
11.1 City of Amen. Any restrictions in the use of property created by plats or zoning
ordinances or land use approvals granted in connection with the approval of Aspen Historic
Cottages approved or adopted by the City of Aspen, Colorado.
11.2 Other Recorded Documents. Any other reservation, restrictions, exceptions,
conditions, easements and covenants not enumerated under this Declaration, but which exist
of record at the time of the recording of this Declaration.
111111111111111111111111111111I11111111 III 111111 III I11I
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11
ARTICLE XII
REVOCATION OR AMENDMENT OF DECLARATION
12.1 Revocation. This Declaration shall not be revoked unless the Owners of both
Units and all Mortgagees consent and agree to such revocation by instrument(s) duly
recorded.
12.2 Duration and Amendment. The covenants and restrictions of this Declaration
shall run with and bind the Properties for a term of forty (40) years from the date this
Declaration is recorded, after which time they shall be automatically extended for successive
periods of ten (10) years. Subject to any provision this in Article 12.2, this Declaration shall
not be amended, except as otherwise herein provided, without the consent of Owners of both
Units. Such amendment may be evidenced by a recorded instrument indicating such consent.
12.3 Technical Amendments. Initial Owner hereby reserve and is granted the right
and power to record technical amendments to this Declaration at any time prior to the transfer
of both Units to third parties for the purposes of correcting spelling, grammar, dates or as is
otherwise necessary to clarify the meaning of the provisions of this Declaration.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
13.1 Compliance with Provisions. Each Owner shall comply strictly with provisions
of this Declaration, and any Rules and Regulations. Failure to comply with any of the same
shall be grounds for an action to recover sums due for damages or injunctive relief or both,
together with reasonable attorney fees, court costs, and injunction bond premiums or by an
Owner.
13.2 Severability. If any of the provisions of this Declaration or any paragraph,
sentence, clause, phrase, word or Article or the application thereof in any circumstances is
invalided, such invalidity shall not affect the validity of the remainder of this Declaration, and
the application of any such provisions, paragraph, sentence, clause, phrase, word, or Article
in any other circumstances shall not be affected thereby.
13.3 T erminolol!Y. Whenever used herein, unless the context shall otherwise provide,
the singular number shall include the plural and the plural the singular, the use of any gender
shall include all genders, and a defined term shall have its defined meaning whether or not the
term is capitalized in the text.
13.4 State Law. The prOVISions of this Declaration shall be in addition and
supplemental to all laws of the State of Colorado.
13.5 Aoproval bv First Mortl1:al1:ees. Whenever this Declaration requires the approval
12
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,,,,r C:( '99 12:16PM GFlRFIELD HECHT 8FlSFlLT
P,6
1 3.5 ApDroval by, First Mortgallees. Whenever this Declaration requires the approval
of First Mortgagees, only those First Mortgagees who have recorded Deeds of Trust or
mortgages In the real estate records of Pitkin County, Colorado need be Included In the
request for approval.
ARTICLE XIV
SAVINGS qAl.!S~
14.1 Om~ion otMandatgry Statutory Provi~ions. Where any mandatory applicable
provision or provisions required to be contained In this Declaration under the Common
Ownership Interest Act has been omitted from this Declaration then such provision or
provisions shall be deemed incorporated herein by reference.
14.2 Conflict with Mandatory StatutOry Provisjons. Where any provision or
provisions of this Declaration shall be in conflict with or contrary to any mandatory provision
or provisions of the Common Interest Ownership Act the mandatory provision or provisions
contained in the Common Interest Ownership Act, shall .supersede and govern.
INITIAL OWNER:
ASPEN HISTORIC COTTAGES EAST, LLC
~~(
~ ansen . .
Manager
-
.ACKNOWLEDGMENT ON FOLLOWING PAGE.
13
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MAY 27 '99 12:16PM GRRFIELD HECHT BASALT
P.7
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
The foregoIng Instrument was acknowledged before me this ;71 t;;. of
1999 by Steve Hansen as Manager of Aspen Historic Cottages East, LLC.
WITNESs my h~nd and official seal.
My commission expires: '3 -{ YO 3
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TO:
THRU:
FROM:
RE:
920 West Hallam Street - Historic Landmark Designation, First
Reading of Ordinance No. _, Series of 1998
DATE:
April 27, 1998
SUMMARY:
The applicant is requesting historic landmark designation for the property located
at 920 West Hallam' Street. To qualify for this designation, the property must be
found to meet two or more of the five standards related to historical significance.
These standards include "historical importance,'" architectural importance,"
"designer [importance of the architect or builder]," "neighborhood character," and
"community character."
Both the Planning and Zoning Commission and the Historical Preservation
Commission found, by unanimous votes, that the property exhibits three of these
qualities.
The applicant is also requesting a $2,000 landmark grant and a waiver of park
development fees. The City Council may grant these fee waivers as an incentive
to preserve historic resources. The park fees are based on the development of new
bedrooms and are expected to total $8,177.
Staff, the Historic Preservation Commission and the Planning and Zoning
Commission recommend City Council designate this property a historic
landmark, approve the . landmark grant, and waive a portion of the park
development fees.
PREVIOUS ACTION:
The City Council considered a first reading of an Ordinance for designating this
property a Historic Landmark on December 15, 1997. This application was then
withdrawn and the second reading of the Ordinance did not take place. Since
then, a new applicant has re-opened the request for Historic Designation.
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The historic resource and the criteria under which it was evaluated have remained
the same. Staff asked the Planning and Zoning Commission and the Historic
Preservation Commission whether their recommendations should be reconsidered
with the change in the applicant. Both referral bodies confirmed their original
recommendations.
ApPLICANT:
Aspen' Historic Cottages, LLC. Represented by Ron Robertson and Glen
Rappaport.
LOCATION:
920 West Hallam Street. (Small white Victorian with green trim just east of the
Castle Creek bridge).
REVIEW PROCEDURE:
The City Council may designate a property a historic landmark at a public hearing
after considering recommendations, made during public hearings, from both the
Planning and Zoning Commission and the Historic Preservation Commission.
BACKGROUND:
The subject site contains three structures. The house was built in 1888 and is a.
one-story, cross-gabled structure with a predominant bay window and decorative
ornamentation on the front facade. The structure now used as a garage was
originally a "section house" used for housing workers of the Colorado Midland
Railroad and was moved to the site in the 1940s. The third structure is a shed
which originally served as a concession stand at the base of Aspen Mountain and
was also moved to the site in the 1940s, Criteria for landmark designation and
staff s analysis of the proposal relative to them are included in Exhibit A of this
memo.
FINANCIAL IMPLICATIONS:
The applicant is requesting a landmark grant of $2,000 and a waiver of park
development fees. The amount of these park fees is contingent upon the number
of bedrooms created through development and are expected to total to
approximately $8,177, as explained below. This figure may change depending
upon final development approvals from the reviewing bodies (P&Z and HPC).
The proposal will involve expanding the existing house by adding one new
bedroom, changing the house from a two- to a three-bedroom unit. The park
dedication fee associated with this addition is derived from subtracting the fee for
a two-bedroom house from the fee for a three-bedroom house ($3,634 - $2,725 =
$909), resulting in a fee of $909.
In addition, the proposal will involve the development of two new three-bedroom
homes. Since the fee associated with a new three-bedroom home is $3,634, the
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two homes would require payment of $7,268 ($3,634 x 2) in park development
fees at the time of building permit issuance.
Section 26.44.060, Affordable housingJhistoric landmark, of the Land Use Code
leaves broad discretion with City Council by stating that "City Council may also
exempt any historic landmark from the application of the park development
impact fte, or reduce by any amount the fees imposed by this section." As the
entire property would be a designated landmark, the above cited policy entitles the
applicant to request that all park development impact fees associated with the
landmark property be waived.
In addition to the policies of Section 26.44.060, the City-Wide Policies Manual
contains various policies related to requests for fee waivers, including a policy
regarding waivers of park development fees. This policy reads as follows:
"Park Dedication Fees - The following types of development are exempt from
park fees: (I) structures which do not create additional bedrooms; (2) the
replacement of a structure that does not create additional bedrooms; (3)
development of 'essential community facilities'; and (4) re-subdivisions
where an impact fee was paid at the time of the initial subdivision and no
additional bedrooms or commercial/office space will be created. Also, City
Council can waive or reduce fees for development which is wholly or partly
affordable housing or involves a historic landmark, see Section 5-602 and 5-
606 [Recodified as Section 26.44.060] of the Land Use Code for more
information. "
In staff s interpretation, the park development fees associated with the existing
house on the property should be waived in their entirety as this house will
represent the reason for landmarking the property. This would represent a waiver
of $909 in park development impact fees.
The two proposed free market units would be associated with an historic
landmark. The fee waiver policies regarding these two free market units do not
provide clear direction. That is, while it can legitimately be argued that these
units are eligible for complete waivers, one could also make strong arguments that
only reductions to these fees should be made, or that these units should be subject
to paying the whole amounts. Based on the policy language and in the interest of
fairness, staff suggests waiving only those fees associated with the existing house
since this house represents the reason for landmarking the property in the first
place. This would represent a waiver of $909 in park development impact fees,
leaving the two new three-bedroom units with the requirement of paying $3,634
each in park development impact fees.
STAFF COMMENTS:
Review criteria for landmarking and Staff Findings relative to the criteria have
been included as Exhibit "A." The application has been included as Exhibit "B."
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RECOMMENDATION:
Staff recommends City Council, upon first reading, designate 920 West Hallam an
historic landmark based on the property's "architectural importance,"
"neighborhood character," and "community character," and approve a $2,000
landmark grant. Staff also recommends that Council waive the $909 of park
development impact fees associated with the addition of a third bedroom to the
existing house on the site, but require that the two new three-bedroom houses be
required to pay the applicable park development impact fees at the time of
building permit issuance.
. RECOMMENDED MOTION:
"I move to approve Ordinance Number ----> Series of 1998 on first reading,
designating 920 West Hallam an historic landmark property, granting $2,000 to
assist the applicant in their preservation efforts, and waiving a portion of the park
development impact fees associated with development on the property."
ATTACHMENTS:
Exhibit A --Review Criteria and Staff Findings
Exhibit B -- Application
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EXHIBIT A
Review Criteria
Historic Landmark Designation
Any structure that meets two (2) or more of the following standards may be designated
"H," Historic Overlay District, and/or Historic Landmark. It is not the intention to
landmark insignificant structures or sites, rather the HPC focuses on those structures and
sites which are unique or have some special value to the community:
A, Historical Importance: The structure or site is a principal or secondary
structure or site commonly identified or associated with a person or event of
historical significance to the cultural, so.cial, or political history of Aspen, the State
of Colorado, or the United States.
Staff Finding: This standard is not met.
8, Architectural Importance, The structure or site reflects an architectural style
that is unique, distinct, or of traditional Aspen character, or the structure or site
embodies the distinguishing characteristics of a significant or unique architectural
type (based on the building form), or specimen.
Staff Finding: This structure is a typical ell;ample of an Aspen miner's cottage reflecting
Aspen's distinct traditional architectural character. In fact, this structure is eligible for
the National Register of Historic Places as representative of this architectural typology.
The structure is a one story cottage with a cross-gabled roof, prominent bay window, and
decorative detailing on the front facade and porch. A few alterations have been made to
the original structure, mainly in the rear of the building, which do not affect the historical
integrity of the resource.
C. Designer. . The structure is a significant work of an architect or designer
whose individual work has influenced the character of Aspen.
Staff Finding: This standard is not met.
D, Neighborhood Character. The structure or site is a significant component of
an historically significant neighborhood and the preservation of the structure or
site is important for the maintenance of that neighborhood character.
Staff Finding: This structure is located on the western edge of the West End
neighborhood and is within an important gateway to Aspen, the original townsite, and the
West End neighborhood. Just a few historic resources remain in the immediate vicinity,
including Poppie's Restaurant, the old power plant (now the City Shop), and the Holden-
Marolt property. Given the location of the property, surrounding resources, historical
significance of the West End neighborhood, and the property's prominence as a gateway
to this West End neighborhood and the original townsite, the preservation of this
structure is of significant importance for the maintenance of neighborhood character.
E, Community Character. The structure or site is critical to the preservation of
the character of the Aspen community because of its relationship in terms of size,
A-I
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EXHIBIT A
Review Criteria
location, and architectural similarity to other structures or sites of historical or
architectural importance.
Staff Finding: This structure represents the modest scale, style, and character of homes
created during one of Aspen's most important periods of historical significance, the
mining era of the late l800s. This particular structure is a strong example of this building
typology in size, style, materials, and ornamentation, and remains virtually unaltered. . Its
location, both in the West End neighborhood and within an important gateway to town,
contributes greatly to the character of this community. Although not original to the site,
the garage and shed also represent structures of historical importance, and contribute to
the character of the community.
A-2
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LAND USE APPLICATION FORM
1. Project name: 920 W. Hallam Street.
2. Project location: 920 W. Hallam Street, a portion of lot M, all of Lots N, 0,
and P, and a portion of lot Q, Block 4, City and Townsite of Aspen.
3. Present zoning: R-6
4. Lot size: 11,048 square feet . .
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'i#';~~~l1\'S;~e.:: . ..~~.<l-IJae"nl,tm r, . ,~""en '1';11$ O!l~,~~,~.~, '
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t;;;:~,,:L(~~';(~)~;"~:,"!. "",-,--,,\~\yjL~0'i>:'i';"'~ " ,." " ",' ',_,;:'., """,W
6. RepresentatIve's name, address; an'd phone numbe~>,:Ron..Robertson, 417
Main Street, Carbondale, CO 81623; Glenn Rappaport,. 229 Midlancj Avenue,
1;1<>""U"C"':'.;&f<M1t;. ." '.
~"J\;l,,,,~:.,,:,,)y~,,,.;,,,,,, ,
7. Type of application (check all that apply):
Conditional Use
Special Review
8040 Greenline
Stream Margin
Subdivision
GMQS allotment
View Plane
Lot Split/Lot Line
Adjustment
Conceptual SPA
Final SPA
Conceptual PUD
Final PUD
Text/Map Amend. ;zs:.
GMQS exemption
Condominiumization_
Conceptual HPC
Final HPC
Minor HPC
Relocation HPC
Historic Landmark
Demo/Partial Demo
Design Review
Appeal Committee
8. Description of existing uses (number and type of existing structures,
approximate sq. ft., number of bedrooms, any previous approvals granted to the
property): Two bedroom single family house- approximately 980 square feet,
Garage- approximately 453 square feet, Shed- approximately 231 square
feet No previous approvals have been granted.
9. Description of development application: landmark designation.
10. Have you completed and attached the following?
Attachment 1- Land use application form
Attachment 2-General submission requirements
Attachment 3-Specific submission requirements
Proof of public notice (must be provided at public hearing)
Attachment 1
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RESPONSE TO STANDARDS FOR DESIGNATION
Any structure or site that meets two (2) or more of the following standards may be
designated as "H: Historic Overlay District, and/or historic landmark. It is not the
intention of the HPC to landmark insignificant structures or sites. HPC will focus
on those which are unique or have some special value to the community.
A. Historical importance. .The structure or site is a principal or secondary
structure or site commonly identified or associated with a person or an event of
historical significance to the cultural, social, or political history of Aspen, the State
of Colorado, or the United States, .
Response: This standard is not met.
B. Architectural importance. The structure or site reflects an architectural
style that is unique, distinct or of traditional Aspen character, or the structure or
site embodies the distinguishing characteristics of a significant of unique
architectural type, (based on building form), or specimen.
Response: This house has been determined to be eligible for the National
Register of Historic Places as an excellent example of the Aspen miner's
cottage. It was built in 1888 and has had few alterations. The house is a
one story cross gabled structure with a prominent bay window and
decorative details on the front facade and porch. Exterior siding and
windows are original.
The structure which is currently used as a garage was used as a "section
house" for the Colorado Midland Railroad. This building was apparently
located near the pedestrian bridge to Holden Marolt and served as housing
for railroad workers. It was moved to this site in the early 1940's,
The shed was once a concession stand at the base of Aspen Mountain. It
was relocated to this site in the late 1940's,
c. Designer. The structure is a significant work of an architect or designer
whose individual work has influenced the character of Aspen.
Response: This standard is not met.
D. Neighborhood character. The structure or site is a significant
component of a historically significant neighborhood and the preservation of the
structure or site is important for the maintenance of that neighborhood character.
Attachment 2
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Response: This site lies on the edge of the historic West End. Only a few
historic resources are located in the immediate vicinity, inClUding Pop pie's
restaurant, the old power plant(City Shop), and the Holden-Marolt site.
E. Community character. The structure or site is critical to the preservation
of the character of the Aspen community because of its relationship in terms of
size, location, and architectural similarity to other structures or sites of historical
or architectural importance, .
Response: Miner's cottages, which likely served as housing for the
majority of Aspen residents in the late 1800's, form the backbone of
Aspen's historic resources. This house is a particularly good example of
the original appearance of these structures. The garage and shed are also
important structures, although not original to the site,
,,-.,
March 22, 1998
Chris Bendon
City of Aspen
130 S. Galena Street
Aspen,.CO 81611
Re: 920 W. Hallam Street
Dear Chris;
1"""\
This letter serves' as our authorization for Ron Robertson, 417 Main' Street,
Carbondale, CO, 81623 and Glenn Rappaport, 229 Midland Avenue, Basalt, CO,
81621 to act as our representatives in this application.
Sincerely, /'. ~
j)d {/tvf'~
David Guthrie for
Historic Cottages, LLC
Post Office Box 4704
Aspen, CO 81612
Attachment 3
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"" ...111I _ :0 -... tbo .014 fi<1llIIl...... aIxM! """",ined aI1l1 d/laatbod,
v1'd:t. t:Aa ~a. uatO tbet g;r;~. hi.f, _in; ADd. alaigu forever.
~ t:b6 ctra41:.Ot'. fm: biMe1f, h:L.a Jud.~. &ad uaf.su., doe., GQYU8AC". 9:raAt.
-:r:;a.iiI, actapso. w .... w,t1S. 1:9 OI'aDcee.'bia hei.rs ana."aoi.e'M, eat at
eM t.:1.-. ot fJw ~b::lg ck::t:l.vm:y "~1! the p:nlj;~, :rM:LIII _11 .seize4. ot
.Cbe prem:isea above COAVlQ)"Gd. baa good" .\\re. Pkf.c;t, 'lIb$Qluta .;and:
indU!eu:1b1c c:ai:ate cd .inher.:i.t.uu:e. ill 14"., .:i:.D. fee Id.1IlpJ.~. acIlMw sOOd.
S'1$Ilt. fuU poNe!:' iIRd lawfuJ. au.tbori.l:y. to g:ranC,. hazg-dn, .ell. and c::scmvey
the &iiUIIa U&. IIIIiUIhCJ: ~ fo:r. iil5 afore.sJJ.d. and. tba:c tJr4 ".m. aft.. :l!~u
and clur f:co;t. &11 fCDle%'Ud Oehe!' gmnts. ba%gaiu!I, salsB, li4ns~ I:~".
AtJ/IlIb8llleC'C8, _~II aDd :r:estdc:t.ipna of whatew:r k1ml or Doat.UI:'f,
aoe'V'CC'. .,:;c:ept. tboa-e _tc:.~~ U .let fcrc.b. ClD. 2xb:lJ)1: "A- ae~ Au.to
and i.ncoq.CliZ'At:ed. ~Q by, Z'Uuence.
Tht .S"Ant(lll: :tba.11 aM. vil.1. tIo\JIJlIHI' MZI FOUV'G ,DBPUID the. .above b&rg'.~
pree1aeaiD. t;.hr: quiet: aDd. ~lI.c=fIU1. polIH..:LCG at tZIlCl. p'.~. ~ M1~e"
Ad. ....1gz:uI,.tn~ AU and. ..,.,.. peJ:'acm or. par_._ 1~lly C1).as,1Id.>>g 'C:M
"""'1. go, IZIY psrt tbo>:'eot. >1Ia .inQul."" m-.. allall :ll>c1ud.e tho plu<al,
1:be pl'Gn1.th,e. ,,1Dpl;Q'. an4 ~ ulle of. geDdu' elta.l1 be appl1cabl.. to all
g...4ua.
%..t:. 1=' .JJ. fi gk~ caH" n.J)
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S'UIrB 01' ~,,"~u.'CCII
CC<IIII'i'l( oP P,T<.,"
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_ fOl:ogolong i..ot:""""". ..... ocImowl.;dg.,d befo.e .... _. ..:,110 '",,1' of J4Uo(
:U ~, , "" llA'IIlll 'to SXI1'P uk/. KAtIE BlCIrF
1) .". . - r IJ..~-r .
SQcny Pub11c
_. lIlY _ ...4 c!Ucial seal
wry co.aU.!siGne..:.:nel ~14'
Attachment 4
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EXIUIltT "II."
1. Taxes for the year' 1998 not yet. due or pay~le.
2. R...ervat10ns and exc:eptione as eet forch 1: tile Deed from the City at
Amllen :r:ecordod ill Book S9 at Page 306 1Ind SOB pJ;Ov:l,4i.ng as 1:01].""",
"Tl'lat: no title shall be hereby acqui::ed to any m10e of gold. ..U_r.
cinnabar or C!Opper or to ey val:lcl minill!J claim. Or posse"don MId
undu lIlCi.sting laws".
S. E!>Q;roacblnents 1Uld. all Illatters a" dieclolOed. by Su:cvey of ASPIlN stlRWl'
I!:bl'GI;ooms. UlC. dated Septem'bu S, :l.U7 <15 .:701:> No. 26121. .
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_8 ""..,. ...... c1>.. d..(J) clay of {Vl" r. ~
.buweeft
D'l'XlI ... on,.. .hl. !lAnE SICIFF .
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ofl:blo
CCuDJ:y Qf PI"ttDI' iID4 .state of 0). p-a:ntor. ar:aa.
_ UISTIlIitC 00T'l'l'G1lS =. A. GOLOlWlQ tIlIITEIl LIABILITY COllPAJI'{
, """".. ~ a4dzes. ... IJIJf'" iAq""... . CO. ASP"'. sun
of. t.he
C;1mty of ,,:cftDl and. Stats of CO, g~&I1tee:r~
MftBU'.ft'B, S'hat tha ~anto:r r for and. 1D oam:i.4en.Pou of cJ1e.
.... of_ 1loUa,r. Nul. _ socol olI4 w,l,.alll& C0D.9idUat1cm. the ..wpt .1Id
fI1lf'flc:~of ~ob 'u MCAy .clmawledg@d. .balII a:at15ed.1 wJ.u.aad.. BOld. .
ocmvcye4 .:uP QD'rt CtJUlGlD,. .m by ~.e pr.,c:t::1!I da68 'l:elltiae', ra1eae.. !l811.
convey aDd" QOr.I" CI.AIMI:U\CO tha Sl'Ptee:ll, ~he1r heir., 1NlCQU.000B aM a,n,j,gna
tOl'CV'1!J:::e,. all the'i5';i.p.e., t~t:le. i;g,I;IR:e:~, clai.'8:QcJ ~,vA:Lc.b 1:_ scanto.
haa h and to the real pl:'qJeZ'ty, tQ9'GtbOZ' 1Iit:h iqlrovel&ell.c., .it anYf situate.
1.yin; aucL :being, U1 tbe Colmty of Pt'rJCQl' ane! St.llte at Colorado,
dea;c~:iJ:Ied. .u fQl1owB:
SEE I.!TACm:D !1UI1BI't A
~ D.W >>1D ~ BOLD tAe ...... tQ!iether "1th 1111 an4 .blgu:lar Co ilppU:l:1:oexHlUC;~
and. , privUege. t~r8\BI.to kJelongins o:r: iu cywiae thereunto &QQ'taiD.iJ1g. and
cbe estile.e. .:rigbc. tltlel 1ut=;r;e&!l1;: azul cltL1lllWbaCGQe.VIIZ', Q' ~~ ~.an~:c:. e.i~
;tn 1." or ecpU.l:y, to ebe l;II1ly proper UM1 bUtAfit: ~ :bebco:!: of Clta gnnt.eaa,
their heirs aml. as.i., :l:'0ft'MZ'. 1'Iw s1Dgu1ar uurbe: .;ball ~1\.\4.. the plW:'al,
t:.hc plura.l. Qe .lJ~lar. aad t.ba U15e 01' u.y pede): ..hall h_ app:l..tcable'UJ ,,1.1
9'ende:r<>.
.XM WDBBSS ~,'b 'gon.ntcr~. .xecute:." this deed C;Q. the dat.e sat
for~ .~~
~;t;:. -r ~. ~~ It'iJ,~
~"n2 T. SltXftl 1... UIE. iF
S7A~ 011 Cot..I>I\.o\-1>Q l
. COIlll'n OP P,'rl:,,J 1 os.
~ fa""""ing !nab"....... _. ac_vledQe4befon ... this Z, l!. day af JriIW'<\
19 ~8 . I>Y lCA7I1! '1', SlaW a/t/. WIt SlI'/'!'
..rromss my lwuI _ offta:l.al Hal
lIlY CO\IIO"i..ico> up.!.nlI. If- '7""
-1 j,II__~.r A ..1-
Noc:a:y ~:U.Q
UJ']HK..;:jlc::l.l;1":;1d: 4.J.C:f'I'j p~Hr;:"'J.t.1-iJ 3(. Ht:..l...ril'E
AU., ..JUI J.;:'~U '.,J(,).l.AI ~U. VVV'l.1,:.I.. ..l..&~
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EXIIUIr A
ASPEN SURf/'l!Y ENGlNEERSJNC,
. 210 S, GAUNA STREm'
ASfElrJ, COLORADO 'J611
PHONElFAX 1>70-925-3816
E-MAIL pluIU@toEllllt
DAm: MAROUS. 1998
lOB NO. 26111
CUENT: KATIE SKQ:1'
.ASPml, co
ltEfl:JlENaa: 920 WI NALLAN ST.
LiGA.L DESCRJPiION
ASTllIP "LAND smJA1'flt) IN SBCl'tON 1.2, TOWNSHIP 10 SOurH, RANGE 15 WEST
OF THE ,'" P,t.f., Pl'I.'KIloI COUNTY, COl.OIW)Q LYING Ut'WEEN nm EAST *Of'LOrM, .
BLOCK"- CItY ANI) TOlNNSl'l.'l!.OF ASPEN AND LINE6-? ASPENTOWNSl.TE DI!SCRIBED AS '
FOLLOWS;
. ~l. ....: BEGINNING AT 'lll8IN'.1'llllS1iCIlON OF SAID lINE 6-1, ASPCN TOWl'iSl11l ANI> n'IE
~OU'1'SEBLV LINEOf' wr M,.BJ:.OCt(; 4, ~ mWNSI1E;
TBENCE N15"09'll-W6.J6Ff.ET ALONG THE WESTElU. Y5XTJ!'NSION OF THE
5OlmI!IlLYLINB OFLOT M, SI.OCrC 4, ASPEN TOWNSlTE TO TIt! INTEllSECTION W1'lH
1lIE !AST.ERLYlJNBOF1HATP.~Cf'l (J(lLANI) DESCIUBEI> 1N~219 ATPM211l, OF
TI:IE RIAL ESTAmR.l!COJV'lS ClF P1TXIN alUN1Y;
THENCENJO"I5'E 101U:2FEBT ALONG SAlIIBOOK219ATPAOE 1& TO THE
IN''I1lRSEC'l'I MTR'mB N01I.mPLYLINE Of1OTM,BLOCK. 4. ASPEN TOWNSrIil
EXTSNDIiD W,ESI:BIlLY;
. THENCE 51.5"09'l1"E 1.74F.EET ALONG1Ha NOR.'IHEIU.YLINE OFLO'rM. iLOCK4.
^SPEN'TOWNSl1E EXTENDIlD wssrmu. YTO 'nm1N'1'B'RSBCT1ON W1TH LINE 6-1 ASPEN
TOWN~~ .
UlENCI! S01"38'W 100,80 fEBT ALQNGLlNS 6-7 ASJ'ENTOWNSCIE TO 'tHE POINT OF
Bllcnmul>lG CONTAlNING 40S SQUARE mTMQRE OR1.ESS.
-- TOGE1llliR. WlTII THAT SMALL TRIAN<iut.AA1'1!CE Of LAND L Y1NO BErWESN
THS EAST 14 OF LOT M. BLOCK. 4, ASPEN TOWNSrt! AND LlI'lE 6., ASPEN roWNSms
nBSCIllBED AS JIOLI.OWS: .
BEOlNNlNG ATTHE Di'l'eRSECTION OF 1.1NE6-1 .ASi'EN lOWNSrrBAND THE
NOIl.TIfElU.Y [JlIIE OF LOT M, BJ,OCK 4, ASPSN TOWN$i1E;
THENCE 575'0,.11"'8 1.1HEET ALONG 'I'HB NOR.1'HEIU:.YUNl! OF' WI' M. BLO(:'.II:: 4,
ASPEN'TOWNSrrn TO 1HE NORTHWEST CORNEll OP THE EAST ~ OF SAJI) LC)T M';
'lllENCES1,,'SO'..g"W 13,113 mBT AJ..QNOl1l! WESI'ER1.YLHOP SAID IlAST*,OP
LOT M '\'0 TBI! lNJ1!RSl!CT.lON W1'IH 1.~6-" AS1'EN TOWNS1tt;
'IltIlNCa Nll7"3"S 13.75 l'EE1" ALONG LINii 6-1 ASPBN TOWNSiTE TO THE POINT OF
l:rSllINNING CONTAlNINO U SQT)ARE FECT MOllS OR.IJ!SS.
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Attachment 8
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March 22, 1998
Chris Bendon
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Re: 920 W. Hallam Street
Dear Chris;
As part of our landmark designation application, we hereby request a $2,000
designation grant and Waiver of park dedication fees for the 7 new bedrooms
created as part of our redevelopment of 920 W. Hallam Street.
Sincerely, /' J.
b ~ UM'/ft..:)
David Guthrie for
Historic Cottages, LLC
P.O. Box 4704
Aspen, CO 81612
Attachment 9
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