HomeMy WebLinkAboutcoa.lu.sp.960 N 3rd St.A084-01
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A084-01
2735-122-39002
Meadows Trustee Townhomes Subdivision Plat Amendme
Units 2 & 3 Meadows Trustee Townhomes
Sarah Oates
Subdivision Plat Amendment
Trustee Townhomes at the Aspen Meadows Condomi
Boyd & Bazil LLP
11/30/05
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TO:
FROM:
RE:
DATE:
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MEMORANDUM
Plans were routed to those departments checked-off below:
X........... City Engineer
o ........... Zoning Officer
o ........... Housing Director
0........... Parks Department
o ........... Aspen Fire Marshal
0........... City Water
o ........... Aspen Consolidated Sanitation District
o ........... Building Department
o ........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
0........... City Attorney
o ........... Streets Department
0........... Historic Preservation Officer
o ........... Pitkin County Planning
Sarah Oates, Zoning Officer
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-920.5441 Fax-920.5439
Meadows Trustee Townhomes Plat Amendment
August 29, 2001
REFERRAL SCHEDULE
DRC REVIEW DATE:
REFERRALS DUE TO PLANNER:
September 5, 2001
September 14,2001
Thank you,
Sarah
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BOYD & BAZIL, LLP
ArrORNEYS AT LAW
632 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
DIANA L. GODWIN
DLGODWIN@ROF.NET
TELEPHONE: (970) 925- 7171
FACSIMILE: (970) 925-4668
August 6,2001
Mr. Fred Jarman
City Planner
Aspen/Pitkin Community Development
130 S. Galena Street
Aspen, Colorado 81611
Re: Trustee Townhomes at-the-Aspen Meadows Condominium Association, Inc.
Dear Fred:
Pursuant to our pre-application conferences on June 7 and June 27,2001, I am writing on
the behalf of Trustee Townhomes at-the-Aspen Meadows Condominium Association, Inc. ("the
Association") to apply for an Administrative Plat Amendment under Municipal Code Section
26.480.080A. At your request I have enclosed a check in the amount of $500 and an executed
Agreement for Payment of City of Aspen Development Application Fees (I confirmed with your
office that the check made payable to "Pitkin County" can be endorsed to the City). Additionally,
I will summarize the basis for the amendment below.
BACKGROUND
The Condominium Plat of the Trustee Townhomes at-the-Aspen Meadows (the "Plat")
was approved by Pitkin County in January and February, 1996. A copy of the Plat is attached as
Exhibit "A" hereto. Subsequently the Association replaced the existing sewer line to the East of
the building envelopes for each unit, designated on the Plat as "Sewer Easement," vacated that
easement and designated a new sewer line to the West of each unit in the First Amendment to the
Condominium Plat ("First Amended Plat"), attached as Exhibit B hereto.
The Association and its owners simultaneously executed and recorded a document
entitled First Amendment to Condominium Declaration and Condominium Plat for the Trustee
Townhomes at-the-Aspen Meadows (the "Written First Amendment"), attached as Exhibit "c"
hereto. In the Written First Amendment, the Association and each owner conveyed to the Aspen
Consolidated Sanitation District (the "District") a 20 foot wide easement to construct, maintain,
and operate underground sewer lines. The sewer line was built close to the building structures,
and caused the existing patio areas for Units 2 and 3 to encroach slightly into the 20 foot
easement area. The easement obligates the District to restore any areas disturbed by the District
except for structural encroachments.
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BOYD & BAZIL, LLP
PROPOSED AMENDMENT
Last year, the owners of Units 2, 4 and 9 requested approval from the architectural
committee of the Association to build new decks. The owner of Unit 2 desired to build a deck
which would encroach even more substantially into the District's sewer line easement. The
Association approved the new deck for Unit 2 subject several conditions, which include that the
owner of Unit 2 would (I) Install a new manhole; (2) Take over the maintenance and repair
responsibility for the sewer line easement area located on Unit 2 and in the Common Area
adjacent to and to the South of Unit 2; (3) Allow the Association or the District to enter into the
easement area and make any necessary emergency repairs or maintenance on the sewer line; and
(4) Prepare a plat amendment memorializing this arrangement. The approvals for Units 4 and 9
required a plat amendment showing the size and location of the new decks.
The decks have now been built and surveyed, and the owner of Unit 2 installed the
required manhole. Attached as Exhibit "D" hereto is the proposed Second Amendment to the
Condominium Plat ofthe Trustee Townhomes at-the-Aspen Meadows. The changes to the plat
map include: (1) As-built descriptions of the new decks for Units 2, 4, and 9; (2) A delineation of
the amended sewer line area and new manhole; (3) The addition or correction of information as
to the size of all units and location of improvements; (4) The deletion of an unnecessary plat note
(5) The revision of Plat Note 9 (now 8) to reference the document which will contain owner
approval for the proposed plat amendment, attached as Exhibit "E" hereto; and (6) The addition
of a new Plat Note 9 to reference the proposed Easement and Sewer Line Maintenance
Agreement (the "Agreement") which will be entered into with the owner of Unit 2 for
maintenance ofthe sewer line as discussed above. The Agreement is attached as Exhibit "F"
hereto. We have been working with the Aspen Consolidated Sanitation District in order to obtain
its approval ofthe vacation of the easement and the assumption ofthe responsibilities for the
vacated portion of the easement by the owner of Unit 2, and have added a signature block to
confirm the Sanitation District's approval.
REGULA TORY BASIS FOR AMENDMENT
Municipal Code Section 26.480.080A allows the Community Development Director to
approve a insubstantial amendment, consisting of "technical or engineering considerations first
discovered during actual development which could not reasonably be anticipated during the
approval process, or any other minor change to a plat which the Community Development
Director finds has no effect on the conditions and representations limiting the approved plat."
The plat amendment requested herein is primarily required due to engineering difficulties
encountered by the creation and dedication of a sewer line easement close to units which could
not have been anticipated during the Plat or First Amended Plat approval process. Additional
changes are required due to the short lifespan of the Association and the fact that the initial plat
maps were at least in part created based on proposed structures that were not yet built, and due to
development and modification inherent in the growth of a new subdivision. The changes are
minor and do not effect any conditions or representations made for approvals.
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CONCLUSION
In sum, we feel this application for plat amendment should be treated as an administrative
plat amendment and approved by the Community Development Director on a summary basis.
Once approved by the City, the Association will endeavor to obtain approval from 100 percent of
the owners pursuant to the Colorado Common Interest Ownership Act.
Please do not hesitate to contact me should you have any questions or desire any
additional information.
Sincerely,
BOYD & BAZIL, LLP
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By:
enc.
cc: (All with enclosures)
Mr. John Sarpa
Karen Mehan, Esq.
Mr. Fred Smith
Mr. Presley O. Reed
Harris Sherman, Esq.
The Honorable Richard D. Larnm
Robert Tibbals, Esq.
F:\Diana Godwin\Meadows\l CityPlatAm.1 f. wpd
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The Trustee Townhomes
at the Aspen Meadows
. Condominium Association, Inc.
1000 North Third Street
Aspen. CO 81611
(970) 544-7900
Fax: (970) 9254188
David T. Mclaughlin
President
Merrill M. Ford
Viu Pr-r.sident
June 29, 2001
John G. Sarpa
Secretary
Presley Reed
Treasurer
Mr. Fred Jarman
Community Development
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Application of Trustee Townhomes at-the-Aspen Meadows Condominium
Association for Administrative Plat Amendment
Dear Mr. Jarman:
The Trustee Townhomes at-the-Aspen Meadows Condominium Association, Inc.
authorizes the law office of Boyd & Bazil, LLP to act on its behalf in pursuing an application
for an administrative plat amendment. Our representative may be contacted at the following
address and telephone number:
Diana L. Godwin
Boyd & Bazil, LLP
632 E. Hopkins Avenue
Aspen, Colorado 81611
(970) 925-7171
Please contact Diana Godwin or Rhonda Bazil if you require any additional
information relating to this application.
Sincerely,
TRUSTEE TOWNHOMES AT-THE-ASPEN
MEADOWS CONDOMINIUM
ASSOCIATION, INC.
By:
JUN-29-01 FRI 11:36 AM SNOWMASS LAND CO
FAX NO, 9709234305
P. 02/02
66/28/2601 18'44
97 ~4668
PAGE 82/63
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ASPENlPlTKIN
COMMllNITY DEVELOPMENT DEPARTMENT
j\.greemCllt for Pay!!'e.t of CitY of Aslle. DoveloJ)lIIe~t Aup.\!9tion F...
CITY OF AS~EN (hereinafter CITY) and ~he Tru,,.j;,.ee TownhQj1l~s ".,-th".-).sp".n Mp~M"W" condomini\
(hereinafter ApPLICANT) AGlUiE AS FOLLOWS, Association, Inc.
1. APPUCANTbas ~ub""ittcd to cm an application for
Admin~str.atiYe Plat ~ndment
(her.in.ft::r, THE PROJECT).
2. APPl.ICANT uuderstands and aye.s that City or A.S)len OrdiniU1c, No. 45 (Seri.. of 1999)
establishes a fee siructun: for Land Use applications and tM payment of all processing fee, is a condition precedent
to a dotermination of application oompl.,..ess.
3. APPLICANT and CITY a~r.e thaI becauso of the oj"", nature or scope of me proposed project, it
Is not po.sible at thi, .ir.J. to ..certain the rull cxtent of the coJls involved In process Ill; th. appliclllion.
APPLICANT and CITY further .gre. thaI it is in the intete.. of the panies that APPLICANT makc paymelll of an
initi.l deposll and 10 thereafter permit adtlitional oosts to be billed 10 APpLICANT on a monthly basis.
APPLICANT .z,eos .ddi,io""l costs m.y accrue following their hoarings andlor apprcvals. APPLICANT .grees ~
will be benefilcc by teu"'in~ gre..... cash liquidity Ilnd wi111llak. additional payments upon notification by the
en!' when they are necess:lry as ecJls are inelilTOd. CITY agrees il will be benefited throu~b the greater certainty
of,ecovcrin~ iu fill! oollS 10 process APPUCA>."IT'S appllearlon.
4. CITY and APPLICANT further agr~ that it is impracticable for CITY Slaff 10 cOmplOle
processing or pro,ent suffi~lent hlfonnation to the Planning Conunission andIor Ci!y Council to enable Ih_ Planning
Commission .ndlor City Council to make legally required ftndings for project consideration, unless clirrent billings
.r<: paic in full prior to docision.
5. 'rberefo.re, APPLICANT .gre~' that in considoratiol'l of the cm's w.iver of ito ri~hl to collect
full f.es prior 10 . det<rmination of application completeness, A~PLlCANT shall pay on initial deposit in the
""lotInt of$.5.n.o . nil which is for _ hours of Community Development staff time, and if .etual
recorced cellS exceed the initial deposl~ AI'PLlCANT shai1 pay additional monthly billings to CITY 10 reimburse
tile ClTY for the proees$ins ofIb. applioation rnention~d above, including pOSt approval/eview. Sucb periodic
payments sh1l.!1 be made within 30 day, of tho billing date, APPLICANT further _trtes that failure to pay suoh
accrued 00'(., shon be lP"oonds for suspension ofpl'Ocessllll\, and in nO case will building permits b. issued Iinmall
C:O~$ as~ociat"d with ease pl'Occ:ssing have been paitj"
Julie ~nn Woods
CQmmullity Development Di(~t.or
INC.
CITY OF ASPEN
By:
Mailing Addr...,
,,,,In'Rn:yri J:. 'P.""~~'. T.l.-pl
632 .East Hopkins
Aspen, CO B1611
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EXHIBIT LIST
A
Condominium Plat of the Trustee Townhomes at-the-Aspen Meadows
B
First Amendment to the Condominium Plat of the Trustee Townhomes at-the-
Aspen Meadows
C
First Amendment to Condominium Declaration and Condominium Plat for the
Trustee Townhomes at-the-Aspen Meadows (the written First Amendment)
D
Second Amendment to the Condominium Plat of the Trustee Townhomes at-the-
Aspen Meadows (proposed)
E
Second Plat Amendment For The Trustee Townhomes At-the-aspen Meadows
(written owner approval for the proposed plat amendment)
F
Easement and Sewer Line Maintenance Agreement (proposed)
F:\Diana Godwin\Meadows\2Exhibit.l.wpd
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND
CONDOMINIUM PLAT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
THIS First Amendment to the Condominium Declaration and
Condominium Plat for the Trustee Townhomes at-the-Aspen Meadows
(the "First Amendment") is entered into effective as of March
31, 1997 by and among The Aspen Institute, Inc., a Colorado not-
for-profit corporation as the Declarant ("Declarant"), The Trustee
Townhomes at-the-Aspen Meadows Condominium Association, Inc. (the
"Association") and Bell Mountain Partners Limited Partnership, an
Illinois Limited Partnership, The Aspen Institute, Inc., a Colorado
non-profit corporation, Presley O. Reed, Merrill M. Ford, James L.
and Esther B. Ferguson, John Sarpa and Jan Jones Sarpa, Dr. J.R.
Sarpa and Mary Sarpa, David T. McLaughlin, Harris D. Sherman and
Richard D. Lamm ("Owners").
RECITALS:
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A. The Declarant, under that certain Condominium Declaration
for THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS, dated January 31,
1996, and recorded February 6, 1996 as Reception No. 389723 of the
records of pitkin County, Colorado (the "Declaration") and the
Condominium Plat of THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS,
recorded on February 6, 1996 in Plat Book 39 at Page 16 of the
records of pitkin County, Colorado (the "Plat"), condominiumized
the real property (the "Property") described therein; and
B. The Owners are all of the owners of the Units on the
Property; and
C. The Declaration at Paragraph 8.1 and the sale and
purchase agreements between the Declarant and the original Unit
purchasers obligated Declarant to construct garages for the Units.
The garage locations are shown on the Plat as "Designated Area of
Expansion - Proposed Limited Common Elements-Garages"; and
D. Under the terms and conditions of that certain
Designation and Assignment of Special Declarant Right, recorded on
February 6, 1996 as Reception No. 389724 of the real property
records of Pitkin County, Colorado, Declarant assigned the
obligation to construct the garages to the Association; and
E. The Owners are desirous of releasing the Association from
the obligation to construct the garages and to convert the Proposed
Limited Common Elements - Garages to General Common Elements; and
F. Declarant is desirous of approving an amendment to its
reserved rights pursuant to Section 13.3 of the Declaration; and
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G. The Association has caused to be replaced an existing
sewer line, and the Association and the Owners are desirous of
amending the Plat in order to show and dedicate and easement for
the alignment of the sewer line; and
H. As part of the Plat amendment, the Association and the
Owners are desirous of relocating the boundaries for Units 1, 10
and 11, modifying the size of Units 1, 10 and 11 and modifying the
boundaries of the General Common Elements in order to accommodate
such relocations.
NOW, THEREFORE, the Owners, Declarant and Association, hereby
amend the Declaration and the Plat as follows:
Section I
Amendments to Declaration
1.
Uni t and
Elements,
following
The second paragraph of Paragraph 3.2, Owner's Riqhts in
Responsibilitv to Maintain Units and Limited Common
is hereby deleted in its entirety and replaced with the
new paragraph:
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3.2 (second paragraph) Except as otherwise
provided herein, each Owner shall have the
responsibility and duty, at its sole expense,
to maintain and repair its entire Unit in
good, clean, attractive and sanitary
condition, order and repair, including without
limitation, the interior plumbing, heating,
electrical systems, foundation, structural
components, retaining walls, roof, exterior
doors and windows, landscaping and terraces.
Notwi thstanding the foregoing, the painting
and/or staining of the exterior walls of the
Unit shall be the responsibility and duty of
the Association as provided hereafter.
2. The second paragraph of Paragraph 4.2, Association Duties
of Maintenance and Repair, is hereby deleted in its entirety and
replaced with the following new paragraph:
4.2 (second paragraph) The Association shall
be responsible for painting and/or staining
the exterior of the Units, at least every five
(5) years, unless it is unanimously agreed to
otherwise by all the Owners. No prior
approval of Owners shall be required for such
work.
3. The second paragraph of Paragraph 6.1, Assessments
Generallv, is hereby deleted in its entirety and replaced with the
following new paragraph:
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6.1 (second paragraph) Provided, however,
that while Units 1, 10 and 11 ("Vacant
Unit (s) ") remain vacant and unimproved,
regular or special assessments shall not be
due and payable by the Vacant Unit Owner(s).
Upon development of the Vacant Units, if the
Association has renovated or installed capital
improvements benefitting all the Units,
including utility infrastructures or the
developer of the Vacant Units ("Developer")
installs or renovates the utility
infrastructure, an assessment equal to the
pro-rata share of the actual costs of
construction and fees based on each Unit's
undivided interest in the Common Elements
shall be due and payable to either the
Association or Developer as appropriate.
Notwi thstanding the foregoing, the Owner of
the Vacant Units shall pay forty (40) percent
of the actual cost of construction of the
sewer line as shown on the First Amendment to
the Condominium Plat.
4. Paragraph 6.3, Special Assessments -
deleted in its entirety and replaced with
paragraph 6.3:
Common Expenses, is
the following new
6.3 A special assessment is any assessment
that is not levied pursuant to an approved
budget. The Association may levy one or more
special assessments to provide for the
renovation, repair or replacement, to the
extent not covered by insurance, or to provide
for extraordinary maintenance, if the Board of
Directors so determines, to the General Common
Elements. Owners shall have the right to
ratify any special assessment using the
procedures set forth above as if the special
assessment proposal were an annual budget,
except to the extent a special assessment is
necessary or appropriate for repair or
replacement to the extent of an uninsured
casualty or loss by condemnation as provided
by the Act and except as necessary for
emergency repairs, or except as necessary to
assess against an Owner the expenses caused by
such Owner's misconduct as determined by the
Board of Directors.
5.
Recruirinq
following
Paragraph 7.2, Additions. Alterations. and Improvements
Board Approval, shall be modified by the addition of the
sentence to the end of the second paragraph:
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Nothing herein shall preclude the assignment
of a share of the density, floor area or other
land use component from one Owner to another
Owner.
6. Paragraph 8.1, Reservation of Riqhts to Declarant,
Subsection (a), is deleted in its entirety and replaced with the
following new paragraph 8.1(a):
8.1 (a) The right of Declarant, without the
obligation to do so, to develop structures on
Units 1, 10 and 11, within the "Designated
Area of Expansion" shown on the Plat, and as
permitted in the Development Approvals. Any
amendments to the Development Approvals, as
may be modified from time to time, may require
the review and approval of the City of Aspen
and its Historic Preservation Commission.
Upon completion of the construction of the
development within Units 1, 10 and 11 in
accordance with the Development Approvals, the
Declarant or Association (at the expense of
the Owners of Units 1, 10 and 11) shall
execute and record a Supplemental Plat
reflecting the location of the improvements.
7. Paragraph 8.1(b) is hereby deleted in its entirety.
8. Paragraph 13.3 is hereby deleted in its entirety and
replaced with the following new paragraph 13.3:
13.3 At any time until the first Condominium
Unit is conveyed by Declarant as reflected by
a deed recorded in the office of the County
Clerk and Recorder of Pitkin County, Colorado,
Declarant may revoke this Declaration and the
Plat and terminate condominium ownership of
the Project by the recording of a written
instrument setting forth Declarant's intent to
so revoke and terminate.
Except as otherwise provided herein, any
provision contained in this Declaration and
the Plat may be amended, or additional
provisions may be added to this Declaration
and the Plat, or this Declaration and
condominium ownership of the Project may be
terminated or revoked, by the recording of a
written instrument or instruments specifying
the amendment or addition or the fact of
termination and revocation, executed by the
Owners representing sixty-seven percent (67%)
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of the undivided interests in Common Elements.
The written instrument may contain an
authorization or appointment for the
Association to execute amendments to the Plat.
Notwithstanding the foregoing, the provision
with respect to the Declarant's reservation of
rights may not be amended or revoked without
the consent of the Declarant, its successors
and assigns.
Section II
Amendments to Plat
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1. Ratification. The parties hereby ratify, consent to and
approve the First Amended Condominium Plat, which is recorded on
llaJ:cl, / ,1997 as Re;~~1-'L~6" He ~~,;2 P6-. ,:)7 (the "First Amended
Plat"). The Association is hereby appointed to execute the First
Amended Plat on behalf of the Owners.
2. Deletion of Limited Common Element. The Limited Common
Elements appurtenant to Units 1 through 11 are hereby deleted. The
areas formerly designated as "Limited Common Elements" and
"Designated Area of Expansion, Proposed Limited Common Elements -
Garages" on the Plat are hereby redesignated as General Common
Elements, as shown on the First Amended Plat.
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3. Vacation of Sewer Easement. The sewer line reflected on
the Plat as "origin unknown", crossing the General Common Elements,
Units 11, 10, 9, 8 and 7 in the northwest area of the Property, is
hereby vacated.
4. Convevance and Dedication of Sewer Line Easement. The
Association and each Owner hereby grants and conveys to the Aspen
Consolidated Sanitation District (the "District"), a quasi-
municipal corporation of the State of Colorado within the County of
Pitkin, an exclusive easement, twenty feet in width, and a right
therein to construct, install, remove, replace, add to, maintain,
repair, operate, change or alter underground sewer lines, manholes,
and appurtenances thereto, as well as for ingress and egress over
and across such easement; together with any and all necessary
rights-of-way for reasonable and convenient ingress and egress
thereto and therefrom, and the right to occupy and use, from time
to time, as much of the adjoining land of the Grantor as may be
reasonably be necessary for any of the aforesaid purposes, over,
under and across the following described premises, situate in the
County of Pitkin, State of Colorado, to-wit:
A twenty (20) foot wide sanitary sewer line
easement being located within Lot 5 of the
Aspen Meadows Final S.P.A. Development Plan
and Final Subdivision Plat, being a
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subdivision located in the North Half of
Section 12, and the South Half of Section 1,
Township 10 South, Range 85 West of the Sixth
Principal Meridian, County of Pitkin, State of
Colorado, and being ten (10) feet on each side
of the following described centerline, with
sidelines extending and shortening as
necessary to intersect with lot lines:
Beginning at a point along the northerly line
of said Lot 5, from whence the northerly most
corner thereof bears N 68054'00" W. 55.91 feet
with all bearings contained herein relative to
said subdivision plat; Thence S. 12031'17" W.
61.82 feet; Thence S. 10059'03" W. 149.98
feet; Thence S. 03008'52" E. 185.70 feet;
Thence S. 33026'07" E. 164.29 feet to the
point of terminus, specifically excluding from
this easement the existing patios located on
Units 2 and 3 of the Trustee Townhomes at the
Aspen Meadows.
located on a certain parcel of land owned by the Owners, situated
in the City of Aspen, County of Pitkin, Colorado, described in Book
39 at Page 16 of the records maintained by the Clerk and Recorder
of Pitkin County, and more particularly described as:
Lot 5, Aspen Meadows Subdivision.
Owners warrant that they have the lawful right to grant such
an easement, right-of-way, and sewer mains and that the Owners, and
any successors and assigns, will, at no time, permit any building
or other permanent improvement to be hereafter constructed over
said easement, reserving unto the Association and the Owners the
right to relocate the District's facilities and appurtenances and
to realign the easement at the Association or Owner's own expense,
subject to the rules, regulations and specifications of the
District_
Following the completion of the purpose of any reasonable
entry by the District upon said easement for any of the aforesaid
objects, the District shall restore the premises to substantially
the same condition existing at the time of entry thereon, except
for trees, shrubs, plants, sidewalks, driveways, parking areas, or
structural encroachments, whether temporary or permanent, thereon
located or damaged thereby, including, but not by way of
limitation, fences, decks, and landscaping structures. Except in
the event of an emergency, the District shall notify the
Association not less than three days prior to performing any
activities that would result in the destruction of landscaping or
other improvemenGs in order to provide the Owners with an
opportunity to preserve any improvements which interfere with the
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District's easement. The Association and Owners shall have a
reasonable time to complete such preservation.
5. Cross Convevances. The Owners hereby sell and quit claim
to the Declarant any portion of the General Common Elements
formerly shown on the Plat which are now located within the
relocated boundaries of Units 1, 10 or 11, as shown on the First
Amended Plat. Declarant hereby sells and quit claims to the Owners
all of the General Common Elements shown and designated on the
First Amended Plat.
SECTION III
MISCELLANEOUS PROVISIONS
1. Speciall v Planned Area Amendments. The Specially Planned
Area approvals ("Development Approvals") from the City of Aspen
("City") have been amended pursuant to an application filed by the
Declarant and Doug McPherson and approved by the City by Resolution
96-75. The Owners hereby consent to and approve the Development
Approvals amendments contained in Resolution 96-75.
2. Definitions. All of the capitalized terms used herein
shall have the same meaning as those set forth in the Declaration.
3. Authorization. This First Amendment and the First
Amended Plat which it accompanies has been entered into and
recorded in the pitkin County real property records pursuant to
Section 13.3 of the Declaration and pursuant to C.R.S. Sections 38-
33.3-208; 38-33.3-217(4) and 38-33.3-312. Except as amended and
modified by this First Amendment, the terms, provisions, covenants,
conditions and restrictions of the Declaration and the Plat are
hereby ratified, confirmed and in full force and effect. To the
extent there is any conflict between the terms and conditions of
the Declaration or Plat and this First Amendment and First Amended
Plat, this First Amendment and First Amended Plat shall control and
govern.
IN WITNESS WHEREOF, the parties have executed this First
Amendment as of the day and year first above written.
(SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON FOLLOWING PAGES)
7
111111I1111I1111111111111111111 111111111111111111111111
403007 04/01/1997 03:42P A"END DEe
7 0' 28 R UU _ RDlI n 011 tADlI N 011 DlIDlI DTTIt'nl ~nll"''''v 1'1 ~BI
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The Aspen Institute, Inc.,
a Colorado Non-Profit Corporation
uniski, Secretary
1, 3, 10 and 11 and
ss.
Acknowledged before me by Cynthia Buniski, Secretary of The
Aspen Institute, Inc., a Colorado Non-Profit Corporation, as Owner
of Units 1, 3, 10 and 11 and as Declarant, this \~ day of March,
1997.
Witness my hand and official seal.
My commission expires: 0\ \o..e:.
-~.
Notary Public
8
111111111111111111111111111111111111111111111111111111I
403007 04/01/1997 03:42P AnEND DEC
8 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLERI
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
Bell Mountain Partners Limited Partnership, an Illinois Limited
Partnership
By:
Corporati ,its general partner
~~
-:/
vice
2
STATE OF ILLINOIS
ss.
County of Cook
Acknowledged before me by James S. Crown, vice president of
Bell Highlands Corporation, general partner of Bell Mountain
Partners Limited Partnership, as Owner of Unit 2, this /~day
of March, 1997.
Witness my hand and official seal.
~ -/i1
Notary Public
"OFFICIAL SEAL"
CARMEN VillEGAS
Notary Public, Stale of Illinois
My Commission Expires 07/23/99
#~
111111I1111I11111111111111111111111111111I1111111111111
403007 04/01/1997 03:42P A"END DEC
9 01 20 R 101.00 D 0.00 N ~.00 PITKIN COUNTY CLERI
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
yjA~
pr~ley O. Reed
Ower of Unit 4
STATE OF COLORADO
ss.
County of Pitkin
A ."'.:ledged before me by Presley O. Reed, as Owner of '
this JL~ day of March, 1997.
my hand and official
expires:
seal.
MY COMMISSION EXPIRES: 2/1/99
3600 TABLE MESA DRIVE. BOULDER. CO ...8D303
11111111111111111111I1111111111 1111111111I1111111111111
403007 04/01/1997 03:42P A"END DEC
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
. ~JQ M,~
Merrill M. Ford
Owner of Unit 5 and Director of the Association
STATE OF COLORADO
ss.
County of Pitkin
Acknowledged before me by Merrill M.-ford as Owner of Unit 5
and Director of the Association, this LP~ day of March, 1997.
Witness my hand and official seal.
My commission expires: ~ Z 2-) ('fer 7
Notary Public
If.~ JS'?
~(b '{/b!2-
1111111111111111111111111111111111111111111111111111111 '
403007 04/01/1997 03:42P A"END DEC
C 11 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI
11
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
, '~ tIr-t~ bl
sther B. Ferguson
Owner of Unit 6
~
STATE OF COLORADO
ss.
County of pitkin
Acknowledged before me by Esther B. Ferguson as Owner of Unit
6, this JJ~ day of March, 1997.
My commission expires:
/:( / ~d' j'J.oor)
, ,/
Witness my hand and official seal.
111111I1111I1111111111111111 III 1111111111I11111111I1111
403007 04/01/1997 03:42P AMEND DEC
( 12 o( 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEf
12
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
Ja est L.
I '
ow~ of
STATE OF COLORADO
ss.
County of Pitkin
Acknowledged before me by James L. Ferguson, as Owner of Unit
6, this 11:!1. day of March, 1997.
Witness my hand and official seal.
My commission expires:
Ja,,/flG> /czooo
I /
~ c_lko1~
Notary publi'c
1111111111111111111111111111111111111111111111111111111
403007 04/01/1997 03:42P AnEND DEC
C 13 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI
13
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
Jani:jh~
Owner f Unit 7
STATE OF ~t>LDl<-RDd
(") ) ss.
County of IlTILl V\ )
this
Acknowledged before me by Jan Jones
to day of March, 1997.
Sarpa, as Owner of Unit 7,
Joy S. Higens/Notary Public
My Commission expires 4/22198
601 Easi Hopi\ins
Aspen, Colorado 81611
Witness my hand and official seal.
My commission expires:
N~~~~i;N-~,
11111111111111111111I11111111111111111111I1111111111111
403007 04/01/1997 03:42P AnEND DEC
C 14 of 20 R 101.00 D 0.00 N 0.00 PITKIN COUNTY CLEI
14
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
STATE OFa~
County of J11 ~
ss.
11 Acknowledged before me by Mary Sarpa, as Owner of Unit 7, this
(}, V day of March, 1997.
ary
<
Witness my hand and official seal.
My commission expires: ,).-.J- (,i - 7 9
111111I1111I11111111I1111111111 1111111111I11111111I1111
403007 04/01/1997 03:42P AftEND DEC
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15
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
Director of the Association
OF COLORADO
ss.
County of pitkin
Acknowledged before me by John Sarpa, as Owner of Unit 7 and
Director of the Association, this 10 day of March, 1997.
My commission expires:
Joy S. Higens/Notary Public;'
My Commisaion expires 4i22l9fJ
601 East Hopkins
Aspen,Cclorado 81611
Witness my hand and official seal.
~S'bl,~
Notary6public ()
11111111111I1111111111111111111111111111111111111111111
403007 04/01/1997 03:42P AnEND DEC
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,
FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
. Dr. ~\Q- ~:;;;-\~
Owner of Unit 7
STATE OF~
11/1 )
County of//I~ )
ss.
Acknowledged before me by Dr. J.R. Sarpa, as
this (~7.:J.-- day of March, 1997.
<
Witness my hand and official seal.
My commission expires: ;i, -,;( iJ -9 t
otary Public
111111I1111I11111111111111111111111111111I1111111111111
403007 04/01/1997 03:42P AnEND DEC
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17
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
~
Director of the Association
David
Owner
~c.".~
STATE OF ~O )
~",~'<;.) ss.
County of pitkin )
Acknowledged before me by David T. McLaughlin as Owner of Unit
8 and Director of the Association, this ~~ day of March, 1997.
Witness my hand and official seal.
\~
Notary Public
My commission expires:
3\\\1\'0
. ,
1111111 1111I1111111111111111111 11111111111 111111 III lilt
403007 04/01/1997 03:42P AnEND DEC
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
-o--i~
STATE OF
ss.
itkin
Acknowledged before me by Richard D, ,Lamm as Owner of Unit 9
and Director of the Association, this 1(;/:5-- day of March, 1997.
Witness my hand and official seal. "
My commission expires: ;:)(1 V~il ./J[ C(:
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403007 04/01/1997 03:42P AnEND DEC
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19
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FIRST AMENDMENT TO CONDOMINIUM DECLARATION
AND CONDOMINIUM PLAT FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Signature Page
STATE OF COLORADO
ss.
County of Pitkin
""-''''"'- -
fJY~C~~Wl~dged before me by Harris D. Sherman as Owner of Unit
" ~,,~~QB/4t]fi;~ day of March, 1997.
"c..-~<' . 0 ".
f ~." ;. TlX~t;rie't s\ my hand
: 1 I ,-;'.J ' I"i' ~ -:
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403007 04/01/1997 03:42P AMEND DEC
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"-
./
SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
TillS Plat Amendment for the Trustee Townhomes at-the-Aspen Meadows is entered
into effective as of , 2001 by and among Bell Mountain Partners Limited
Partnership, an Illinois Limited Partnership, The Aspen Institute, Inc., a Colorado non-profit
corporation, Presley O. Reed and Patricia Reed, Merrill M. Ford and Robert Taylord 3'd, James
L. Ferguson and Esther B. Ferguson, John Sarpa and Jan Jones Sarpa, Dr. J.R. Sarpa and Mary
Sarpa, Harris D. Sherman and Richard D. Larnm, Kenross Lux, SA., a Luxembourg
corporation, Mile High Holding Co., a Colorado corporation and Barry Smooke and Julie
Smooke ("Owners").
RECITALS:
A. The Owners are all of the owners of the Units described in the Condominium Plat
of THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS, recorded on
February 6,1996 in Plat Book 39 at Page 16 (the "Plat") and the First
Amendment to the Plat recorded on April 1, 1997 in Plat Book 42 at Page 27 (the
"First Amended Plat").
B. The Association and each ofthe unit owners conveyed a sewer line easement to
the Aspen Consolidated Sanitation District on March 31, 1997. The Easement
was recorded in the records of the Pitkin County Clerk and Recorder on April 1,
1997 at Reception No. 403007 in the First Amendment to Condominium
Declaration and Condominium Plat for the Trustee Townhomes at- the-Aspen
Meadows.
C. Bell Mountain Partners Limited Partnership ("Bell Mountain") is the owner of Lot
2, Unit 21. In connection with the approval by the Association for improvements
by Bell Mountain to Lot 2 which encroach into the easement on Lot 2, Bell
Mountain has agreed to assume the maintenance and repair obligations connected
with the portion of the sewer line easement located on Lot 2 and in the General
Common Elements adjacent to Lot 2, which portion is described on Exhibit A
attached hereto and incorporated herein by reference (the "Easement").
D. The Board of Directors approved the transfer of the maintenance and repair
obligations for the sewer line in the Easement to Bell Mountain subject to the
conditions set forth in an Easement and Sewer Line Maintenance Agreement
which shall be recorded in the Records of Pitkin County.
E. The Owners are desirous of amending the Plat to vacate the easement from the
Sanitation District and to transfer the ownership of the easement to the
EXHIBIT E
,.......
\....
''''\
...",J:
SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPENMEADOWS
Page 2
Association, while the maintenance responsibilities are transferred to Bell
Mountain and subsequent owners of Lot 2.
F. The Association has authorized Unit 21 to install a new manhole on the existing
sewer line, and the Association and the Owners are desirous of amending the Plat
in order to show the location of the new manhole.
G. The Association approved new decks for Units 21, 41 and 91 (Units 2, 4 and 9,
respectively, as shown on the Plat) subject to the condition that the owners of
Units 21, 41 and 91 prepare, execute and record an amended Plat showing the
improvements upon completion of the construction of the decks.
NOW, THEREFORE, the Owners hereby amend the Plat as follows:
SECTION I
AMENDMENT TO PLAT
1. Ratification. The parties hereby ratify, consent to and approve the Second
Amendment to the Condominium Plat for the Trustee Townhomes at-the-Aspen Meadows,
which is recorded simultaneously herewith on ,2001 as Book No.
Page No. (the "Second Amended Plat"). The Association is hereby appointed to
execute the Second Amended Plat on behalf of the Owners.
SECTION II
MISCELLANEOUS PROVISIONS
1. Definitions. All of the capitalized terms used herein shall have the same meaning
as those set forth in the Declaration.
2. Authorization. This Second Plat Amendment has been entered into and recorded
pursuant to Section 13.3 of the Declaration and C.R.S. Section 38-33.3-217. Except as amended
and modified by this Second Plat Amendment, the terms, provisions, covenants, conditions and
restrictions of the Declaration, the First Amendment to the Declaration, the Second Amendment
to the Declaration, the Plat and the First Amended Plat are hereby ratified, confirmed and in full
force and effect. To the extent there is any conflict between the Plat, the First Amended Plat and
this Second Amended Plat, this Second Amendment shall control and govern.
3. Real Estate Records. The recording information provided in this Second Plat
Amendment refers to documents recorded in the real property records of Pitkin County,
EXHIBIT E
r--.
....,,/
~'"
........
SECOND PLAT AMENDMENT
FOR
THE TRUSlEE TOWNHOMES AT- THE-ASPEN MEADOWS
Page 3
Colorado.
IN WITNESS WHEREOF, the parties have executed this Second Plat Amendment as of
the day and year first above written.
(SIGNATURES AND NOTARY ACKNOWLEDGMENTS ON FOLLOWING PAGES)
Barry Smooke
Owner of Unit 1
Julie Smooke
Owner of Unit 1
STATE OF COLORADO
)
) ss.
)
County of Pitkin
Acknowledged before me by Julie Smooke, as Owner of Unit 1, this _ day of
December, 2000.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) SS.
County of Pitkin )
Acknowledged before me by Barry Smooke, as Owner of Unit 1, this _ day of
, 2001.
Witness my hand and official seal.
EXHIBIT E
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SECOND PLAT AMENDMENT
FOR
TIfE TRUSTEE TOWNHOMES AT-TIfE-ASPEN MEADOWS
Page 4
My commission expires:
Notary Public
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP,
an Illinois Limited Partnership
By:
General Partner
Owner of Unit 2
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by , General Partner of Bell
Mountain Partners Limited Partnership, and Illinois Limited Partnership as Owner of Unit 2, this
_ day of ,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
.~.,c.,
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, ,
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SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Page 5
By:
THE ASPEN INSTITUTE, INC.,
a Colorado Non-Profit Corporation
Amy Margerum, Executive Vice President
Owner of Units 3 and 8
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by Amy Margerum, Executive Vice President of The Aspen
Institute, Inc., a Colorado Non-Profit Corporation, as Owner of Units 3 and 8, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
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SECOND PLAT AMENDMENT
FOR
TIlE TRUSTEE TOWNHOMES AT-TIlE-ASPEN MEADOWS
Page 6
Presley O. Reed
Owner of Unit 4
Patricia Reed
Owner of Unit 4
)
) ss.
)
STATE OF
County of
Acknowledged before me by Presley O. Reed, as Owner of Unit 4, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
)
) ss.
)
County of
Acknowledged before me by Patricia Reed, as Owner of Unit 4, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
EXHIBIT E
"""""
"....-
SECOND PLAT AMENDMENT
FOR
TIlE TRUSTEE TOWNHOMES AT-TIlE-ASPEN MEADOWS
Page 7
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Notary Public
EXHIBIT E
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SECOND PLAT AMENDMENT
FOR
TIlE TRUSTEE TOWNHOMES AT-TIlE-ASPEN MEADOWS
Page 8
Merrill M. Ford
Owner of Unit 5
Robert Taylor 3rd
Owner of Unit 5
STATE OF COLORADO
)
) ss.
)
County of Pitkin
Acknowledged before me by Merrill M. Ford as Owner of Unit 5, this _ day of
, 2001.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by Robert Taylor 3rd as Owner of Unit 5, this _ day of
, 2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
....'"
""'"
--
......../
SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Page 9
Esther B. Ferguson
Owner of Unit 6
James L. Ferguson
Owner of Unit 6
STATE OF COLORADO
)
) ss.
)
County of Pitkin
Acknowledged before me by Esther B. Ferguson as Owner of Unit 6, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by James L. Ferguson as Owner of Unit 6, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
-""""
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--
SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPENMEADOWS
Page 10
J an Jones Sarpa
Owner of Unit 7
John Sarpa
Owner of Unit 7
STATE OF COLORADO
)
) ss.
)
County of Pitkin
Acknowledged before me by Jan Jones Sarpa, as Owner of Unit 7, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by John Sarpa, as Owner of Unit 7, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
,
-.
-'
SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Page II
Mary Sarpa
Owner of Unit 7
Dr. 1. R. Sarpa
Owner of Unit 7
STATE OF
)
) ss.
)
County of
Acknowledged before me by Mary Sarpa, as Owner of Unit 7, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
)
) ss.
)
County of
Acknowledged before me by Dr. J. R. Sarpa, as Owner of Unit 7, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
~~'" ,.
~.......
SECOND PLAT AMENDMENT
FOR
TIlE TRUSTEE TOWNHOMES AT-TIlE-ASPEN MEADOWS
Page 12
Richard D. Larnm
Owner of Unit 9
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by Richard D. Lamm as Owner of Unit 9, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
"........
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,-
-
SECOND PLAT AMENDMENT
FOR
TIlE TRUSTEE TOWNHOMES AT-TIlE-ASPEN MEADOWS
Page 13
Harris D. Sherman
Owner of Unit 9
STATE OF COLORADO )
) ss.
County of )
Acknowledged before me by Harris D. Sherman as Owner of Unit 9, this _ day of
,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
.r--.
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~
-
SECOND PLAT AMENDMENT
FOR
THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS
Page 14
KENROSS LUX, SA
a Luxembourg corporation
By:
Luciano Berti, President
Owner of Unit 10
STATE OF COLORADO )
) ss.
County of )
Acknowledged before me by Luciano Berti, as President ofKenross Lux, SA., a
Luxembourg corporation, Owner of Unit 10, this _ day of ,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT E
",...........
......,
,;"
-
SECOND PLAT AMENDMENT
FOR
TIlE TRUSTEE TOWNHOMES AT-TIlE-ASPEN MEADOWS
Page 15
MILE HIGH HOLDING CO.,
a Colorado corporation
By:
Jerome R. Strickland, President
Owner of Unit 11
STATE OF COLORADO )
) ss.
County of )
Acknowledged before me by Jerome R. Strickland, President, Mile High Holding Co., a
Colorado corporation, as Owner of Unit 11, this _ day of ,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
F:\Diana Godwin\Meadows\2PlatAm.3. wpd
August 3. 2001 (8:25PM)
EXHIBIT E
"
"......
EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT
This Agreement is made effective as of ,2001, by and between TRUSTEE
TOWNHOMES AT-THE-ASPEN MEADOWS CONDOMINIUM ASSOCIATION, a Colorado
nonprofit corporation, whose address is 1000 North Third Street, Aspen, CO 81611 (hereinafter
"Association"), BELL MOUNTAIN PARTNERS LIMlTED PARTNERSHIP, an Illinois
Limited Partnership (hereinafter "Bell Mountain"), whose address is Unit 0021 Meadows
Trustee, Aspen, CO 81611, and THE ASPEN CONSOLIDATED SANITATION DISTRICT
(the "District"), a quasi-municipal corporation of the State of Colorado, whose address is 565
North Mill, Aspen, CO 81611.
The parties recite and declare as follows:
A. The Association and each of the unit owners conveyed a sewer line easement to the
Aspen Consolidated Sanitation District on March 31, 1997. The Easement was recorded
in the records of the Pitkin County Clerk and Recorder on April 1 , 1997 at Reception No.
403007 in the First Amendment to Condominium Declaration and Condominium Plat for
the Trustee Townhomes at- the-Aspen Meadows.
B. The sewer line is for the benefit of the unit owners.
C. Bell Mountain, owner of Unit 21 on Lot 2 of the Association, desires to construct a deck
and landscaping which will encroach into the sewer line easement area located on Lot 2.
D. In connection with the Association's approval of the deck and its encroachment, Bell
Mountain has agreed to assume the maintenance and repair obligations relating to the
portion ofthe sewer line easement located on Unit 21 and in the General Common
Elements adjacent to Lot 2 and depicted on Exhibit A which is attached hereto and
incorporated herein by reference (the "Easement").
E. In Order for the sewer line to remain for the benefit of the owners and the Association,
and for the obligations of maintenance and repair of the Easement to run with Lot 2, the
Sanitation District has agreed to the vacation of the Easement and Bell Mountain has
agreed to re-convey the Easement (over Lot 2) to the Association and to assume all
maintenance and repair obligations connected to the Easement.
F. The Board of Directors approved the transfer ofthe maintenance and repair obligations
for the Easement to Unit 21 and the proposed encroachments subject to the following
conditions set forth in this Agreement.
In consideration of the above recitals and the terms and covenants of this agreement, the
parties agree as follows:
Page 1 of 6
EXHIBIT F
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EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT
TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS CONDOMINIUM ASSOCIATION
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP
THE ASPEN CONSOLIDATED SANITATION DISTRICT
1. Easement Vacation and Grant. The District hereby vacates the portion of its
Easement described in Exhibit A attached hereto and incorporated herein by reference and Bell
Mountain hereby grants, transfers and conveys unto the Association a perpetual, non-exclusive
easement, twenty feet in width, and a right therein to construct, install, remove, replace, add to,
maintain, repair, operate, change or alter underground sewer lines, manholes, and appurtenances
thereto, as well as for ingress and egress over and across such easement; together with any and all
necessary rights-of-way for reasonable and convenient ingress and egress thereto and therefrom,
and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor
as may be reasonably be necessary for any of the aforesaid purposes over Lot 2 as described in
Exhibit A for ingress and egress and for the installation, operation, maintenance, repair,
relocation and replacement ofthe as-built sewer line (the "Easement").
2. Installation of Manhole. Bell Mountain shall install a manhole in the easement at
the location specified in Exhibit A for the District to access the sewer line. Bell Mountain agrees
to install the manhole as described in Exhibit A prior to the construction of any encroachments
into the sewer line easement and to bear all costs for the installation of the manhole.
3. Maintenance and Repairs. Bell Mountain agrees to, at its sole cost and expense,
maintain the sewer line located in the Easement in a good and safe order and repair and to restore
or repair any damage to the sewer line and to replace any vegetation disturbed which is necessary
to shield the deck from Unit 11 pursuant to the Resolution of the Board of Directors of the
Association dated August 9, 2000.
4. Failure to Maintain. Restore. or Repair. In the event Bell Mountain fails to
perform the installation, maintenance, restoration or repairs set forth in ~~ 2 or 3, or in the event
of an emergency requiring immediate maintenance or repairs, the Association or the District may
enter onto the property and make such maintenance and repairs, including any excavations and
modifications to the encroaching improvements as are required to make necessary repairs. Bell
Mountain shall reimburse the Association for and shall hold the Association and the District
harmless from the costs associated with any emergency maintenance, or repair as set forth in this
paragraph within thirty (30) days after receiving an invoice for such work.
5. Reimbursement of Additional Expenses. Bell Mountain shall reimburse the
Association for all expenses related to the negotiation and documentation of this Agreement and
the preparation, negotiation and recordation of the plat amendment reflecting the vacation of the
easement by the District and the transfer of the Easement to the Association, and any other
expenses authorized by 9 7.2 of the Condominium Declaration. Expenses include, but are not
limited to, reasonable attorneys' fees, application fees if necessary, and recording fees. Interest
on any amounts 30 days past due shall accrue at the rate of 18% per annum.
Page 2 of 6
EXHIBIT F
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EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT
TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS CONDOMINIUM ASSOCIATION
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP
THE ASPEN CONSOLIDATED SANITATION DISTRICT
6. Collection and Enforcement Remedies. In the event Bell Mountain fails to timely
reimburse the Association for any of the expenses set forth in ~~ 2, 3 or 4 herein, the Association
may utilize any of the collection and enforcement remedies set forth in Section 6.6 of the
Condominium Declaration for the Trustee Townhomes At-the-aspen Meadows Condominium,
including but not limited to filing an assessment lien against Unit 21 for the amount of such
costs, interest, and for reasonable attorney's fees and costs associated with the collection thereof.
7. Notices. Any notice or report required under this agreement shall be sent to the
parties at the addresses listed below via fIrst class mail, properly addressed and postage prepaid,
unless such addresses change by written notice to each person concerned, in which event the new
address given shall be used for the sending of such notice or report:
TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS CONDOMlNIUM
ASSOCIATION:
Rhonda 1. Bazil, Esq.
Boyd & Bazil, LLP
632 E. Hopkins Avenue
Aspen, Colorado 81611
BELL MOUNTAIN:
David Bellack, Esq.
P.O. Box 1248
Aspen, CO 81612
THE DISTRICT:
Aspen Consolidated Sanitation District
565 North Mill
Aspen, CO 81611
8. Personal Iniurv And Property Damage Liability. Any liability of the parties for
personal injury to any worker employed to make repairs under this agreement, or to third
persons, as well as any liability of the parties for damage to the property of any such worker, or
of any third person, as a result of or arising out of repairs and maintenance under this agreement,
Page 3 of 6
EXHIBIT F
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EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT
TRUSTEE TOWNHOMES AT-TIIE-ASPEN MEADOWS CONDOMINIUM ASSOCIATION
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP
THE ASPEN CONSOLIDATED SANITATION DISTRICT
shall be borne by Bell Mountain.
9. Indemnity. Bell Mountain shall indemnify, defend and hold the Association
harmless from and against any actual or threatened loss, claim, negligence, cause of action,
liability, cost, expense (including attorney's fees and litigation expenses) or damages of any kind
or nature associated with or arising from, whether directly or indirectly and whether foreseeable
or unforeseeable, the grant, construction, or use of the Easement.
10. No Waiver. The failure of either party to this agreement to insist on the
performance of any of the terms and conditions of this agreement, or the waiver of any breach of
any of the terms and conditions of this agreement, shall not be construed as thereafter waiving
any such terms and conditions, but the same shall continue and remain in full force and effect as
if no such forbearance or waiver had occurred.
11. Paragraph Headings. The titles to the paragraphs of this agreement are solely for
the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this agreement.
12. Entire Agreement. This agreement constitutes the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
agreement shall not be binding on either party except to the extent incorporated in this
agreement.
13. Modification of Agreement. Any modification of this agreement or additional
obligation assumed by either party in connection with this agreement shall be binding only if
evidenced in writing signed by each party or an authorized representative of each party.
14. Binding Agreement - Recording. This Agreement is binding upon the parties
hereto, their successors and assigns, and any sale or transfer of an Owner's unit shall be subject
to this Agreement. This Agreement shall be recorded with the Pitkin County Clerk and
Recorder, and shall impose covenants running with the land upon all of the Subject Property.
Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained
herein.
IS. Governing Law: Venue; Attorneys' Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the
laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin
County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict
regarding the terms of this Agreement or the rights and obligations of the parties hereto, the
Page 4 of 6
EXHIBIT F
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EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT
TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS CONDOMINIUM ASSOCIATION
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP
THE ASPEN CONSOLIDATED SANITATION DISTRICT
prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorneys' fees.
16. Authorization of Signatures. The parties acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been
performed and that the persons signing for each party have been duly authorized to do so.
17. Counterparts. This Agreement may be signed using counterpart signature pages,
with the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date and year first above written.
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP,
an Illinois Limited Partnership
By:
General Partner
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by ,General Partner of Bell
Mountain Partners Limited Partnership, and Illinois Limited Partnership as Owner of Unit 2, this
_ day of ,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
Page 5 of 6
EXHIBIT F
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EASEMENT AND SEWER LINE MAINTENANCE AGREEMENT
TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS CONDOMINIUM ASSOCIATION
BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP
THE ASPEN CONSOLIDATED SANITATION DISTRICT
TRUSTEE TOWNHOMES A T- THE-ASPEN MEADOWS CONDOMINIUM
ASSOCIATION, a Colorado nonprofit corporation
By: Title:
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by , Trustee Townhomes
At-the-Aspen Meadows Condominium Association, a Colorado nonprofit corporation, this
_ day of ,2001.
Witness my hand and official seal.
My commission expires:
Notary Public
THE ASPEN CONSOLIDATED SANITATION DISTRICT,
a quasi- municipal corporation of the State of Colorado within the County of Pitkin
By: Title:
STATE OF COLORADO )
) ss.
County of Pitkin )
Acknowledged before me by
Sanitation District, this _ day of
, for the Aspen Consolidated
, 2001.
Witness my hand and official seal.
My commission expires:
F:\Diana Godwin\Meadows\2SewerMaint.2. wpd
Notary Public
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EXHIBIT F