HomeMy WebLinkAboutlanduse case.AP.1370 Mountain View Dr.A31-90
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
5~;:,90
PROJECT NAME: Meadow
Amendment
Project Address:
Legal Address: '
Terrace
PARCEL ID AND CASE NO.
2735-013-23-~, A31-90'
STAFF MEMBER: _ ~ .
Condominiums Insubstantial Plat
1370 Mountain View Drive
Lot 1. Block 1. West Meadow Subdivision. unit 2
APPLICANT: David & Peqqi Amorv
Applicant Address: 1370 Mountain View Drive. Aspen. CO
REPRESENTATIVE: Same
Representative Address/Phone:
925-'4308
PAID: YES NO AMOUNT:
TYPE OF APPLICATION:
$203.00 NO. OF COPIES RECEIVED: 2
1 STEP: 2 STEP:
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
.PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
P&Z Meeting Date
CC Meeting Date
Planning Director Approval:,
Insubstantial Amendment or Exemption:
X-
Paid:
Date:
203~
REFERRALS:
~ City Attorney
~ City Engineer
Housing Dir.
Aspen Water
city Electric
Envir. Hlth.
Aspen Con.S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshal
Building Inspector
Roaring Fork
Energy Center
5-!:;;3lZi)
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED:
INITIALS:
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___ city Atty ~ city Engineer ___ Zoning Env. Health
___ Housing _ Other:
FILE STATUS AND, LOCATION:
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MEMORANDUM
TO:
Amy Margerum, Planning Director
FROM:
Kim Johnson, Planning Office
RE:
Meadow Terrace Condominium Insubstantial Plat Amendment
DATE:
July 2, 1990
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SUMMARY: Planning staff recommends approval of this
insubstantial plat amendment.
APPLICANT: David and peggi Amory
PROPOSAL: The applicant wishes to amend the 1977 plat to reflect
the current conditions of unit #2 in the duplex structure located
at 1370 Mountain View Dr.
BACKGROUND: The original condo plat for this duplex was filed in
1977. In 1988, the Amorys expanded their 2 bedroom 1 bath unit
of 800 s.f. to 3 bedrooms, 2 baths with 2,390 s.f. The expansion
occurred within the expansion area a~lowed on the 1977 plat.
REFERRALS:
comments:
Engineering: Chuck Roth has fOrwarded the fOllowing
1. A Title Certificate must be added to the plat.
2. The maximum allowable driveway width is 18 feet. Change the
parking configuration and curb cut to be within this limit.
STAFF COMMENTS: This proposal will update the original condo
plat to current conditions. Expansion has taken place within
original "designated area of expansion". No increased impacts to
public facilities are calculated.
As per the interpretation of Staff Attorney Fred Gannett in April
1990, Planning Staff feels that this project meets the criteria
for insubstantial amendment as per section 7-1006 A. which reads:
"Insubstantial Amendment. An insubstantial amendment to an
approved plat may be authorized by the Planning Director. An
insubstantial amendment shall be limited to 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
Planning Director finds has not effect on the conditions and
representations limiting the approved plat."
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The same covenants apply as per the original condominiumization.
Conditions of approval are:
Prior to filing the amended plat at the County Clerk and
Recorder's Office:
1. A Title certificate must be added to the plat.
2. The maximum allowable driveway width is 18 feet. Change the
parking configuration and curb cut to be within this limit. '
RECOMMENDATION: Staff recommends that the Planning, Director
approve with conditions the Insubstantial Plat Amendment for the
Meadow Terrace Condominiums (First Amendment).
I hereby approve the above Insubstantial Plat
Amendment for the Meadow Terrace Condominiums.
ATTACHMENTS: "A" - Original Condo plat, 1977
"B" - Proposed plat, First Amendment 1990
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MESSAGE DISPLAY
TO Kim Johnson
From: Chuck Roth
Postmark: Jul 02,90
3:31 PM
Subject: Reply to a reply: Plats
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Reply text:
From Chuck Roth:
Marolt - yes, one sheet. Amory - maximum allowable driveway width =
18 feet. His parking arrangement resulted in driveway width =
42.5'. He will have to redesign his parking.
Preceding message:
From Kim Johnson:
Please give me more details on the Amory solution.
I didn't know we had mylars for Marolt. I'll keep my eyes out for
them. Was it one sheet?
From Chuck Roth:
Dave Amory called (Meadow Terrace Condo) - I think that we have the
parking problem worked out.
Marolt Housing - Have you see the mylar of the plat? I still have
your blueprints, but when I got baqk from vacation, the mylar was
missing.
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INSUBSTANTIAL AMENDMENT TO APPROVED SUBDIVISION
Application Package Contents
Attached is a Development Application package for submission of
your application. Included in this package are the following
attachments:
1. Application Form
2. Description of Minimum Contents of Development Application
3. Description of specific Contents for Submission of your
Application
4. copy of Review Standards for Your Application
5. public Hearing Notice Requirements Summary
6. General Summary of Your Application Process
Generally, to submit a complete application, you should fill in
the application form and attach to it that written and mapped ,
information identified in Attachments 2 and 3. Please note that
all applications require responses to the review standards for
that particular development type. The standards for your
application are listed in Attachment 4.
You can determine if your application requires that public notice
be given by reviewing Attachment 5. Table 1 of that attachment
will tell you whether or not your application requires notice and
the form the notice should take. Your responsibilities in this
regard are summarized in the cover explanation to the table.
We strongly encourage all applicants to hold a ..pre-appl ication
conference with a Planning Office staff person so that the
requirements for sijpmitting a complete application can be fully
described to you.
Please also recognize that review of these materials does not
substitute for a complete ,review of the Aspen .Land Use
Regulations. While this application package attempts to
summarize the key provisions of the Code as they apply to your
type of development, it cannot possibly replicate the detail or
the e;cope of the Code. - If you have questions which are not
answered by the materials in this package, we suggest that you
contact the staff meml:4er assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
appcover
MA1 \ 5 \990
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2)
1""\ AT.mCHMENT 1 .,-..,
L1\ND USE APPLIC1\TICN FORM
PLuject Nane ~- ~Z;Lh""~ ~".J~ ~SrAJ"".t. Phi)
PLuject IDeation " .3> ;:;>&I , Ak"'- V 11!!Et.<.J ..2>~. V- N iT ' R /
Lo,T 1/) j::?i.(:u::K IctVF-$rl'1#;CA::ba(..V,S't.u~:Pp,t-'is;t:>A/
(indicate street address, lot & block number, legal. description ~
awrapdo:::e) "
Present Zon.in1
If-IS-
3)
5)
4) IDt: Size I?; ~7:)I::I :!:
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J\ppUcant.s Nane, l\ddress & EOOne I .7YtJ/).z;> 'f" ~&6; ItM PI! yo
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6)
Representative's NaDe, l\ddJ:ess I< R10ne I
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7) Type of AppUcation (please chedc all that apply) :
Cbrrlitional Use
_ Conoeptual Historic ~.
_ O:>ooepblal SPA
Final SPA
Final Historic ~.
_ Special Revie;r
8040 Greenline
_ Conceptual roo
Minor Historic D:..-'V'.
_ stream Margin _ Final FOD r _, _ Historic DerooUtion
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_ Molmtain yie;r Plane-X SUbdivisionF~t. . _ Historic D2signation
Cbrdc::miniumization _ TextjMap Amen:lment
Q-QS Allobn?nt
_ Q-QS ExEnptian
~ IDt: SpUtjIDt Line
lldjustment
8)
Description of Exi.s1:i.r>:J Uses (number an:! q.pe of ex:istinJ sl::rtlctures;
app=ximate sq. ft.; l1UIli:ler, of kh.,^-,=; any previCXlS approvals g=rted' to the
propert:y). .
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9)
Description of lX!veJ.cprent Application
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10) Have you attached the folloori.ng?
_ Response to Atta~ 2, MinilIl.llll SI,n.,;<<sion Contents .
Response to Attachment 3, Specific sun.,; "'5ion Contents
_ , Response to Atta~ 4, Review Stan:Iards for Your AppUcation
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ATTACHMENT 2
Minimum Submission Contents for All Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained' wi thin a letter signed' by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the
parcel on which the development is proposed to
occur.
3. A disclosure of ownership 'of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
state of Colorado, listing the names of all owners
of the property, and' all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject
parcel within the City of Aspen.
5. A written description of the proposal and an
explanation in written, g'raphic or model form of
how the proposed development complies with the
review standards relevant ,to the Development
Application.
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ATTACHMENT 3
Sp~cific Submission Contents:
Exemption Approval By
Insubstantial Amendment or
Planning Director
The request for Planning Director approval of I an Insubstantial
Amendment or Exemption shall contain the following items:
1. A written description of the existing conditions on the
property which are requested to be altered via the
amendment or exemption.
2. Such site plan drawings or elevations as may be
necessary to adequately evaluate the proposed amendment
or exemption.
3.
A listing of all previous development approvals granted
to the property, with the approximate dates of said
approvals.
/
4. A copy of any recorded docuIl\ent which affects the
proposed development, including but not limited to
recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these
should be "red-lined" onto a copy of the original
document.
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Attachment 6
General Summary of Consent Agenda/staff Approval Application
Process
1. Application Types: The following are the Development
Applications which are processed as staff level approvals:
* Exempt Historic Development
* Exempt ESA Development
* GMQS Exemption for remodeling or reconstruction, minor
development to a historic landmark, development of a
single family or duplex dwelling or minor expansion of
a commercial or office use.~' ,'...
* Minor Amendments to approved Conditional Use, Special
Review, SPA, PUD, Subdivision or GMQS.
2. Development ;Review Procedure Summary: The zero step staff
approval application process is shown in the attached
figures and can be described as follows.
stage One: Attend pre-application conference. The purpose
of this one-on-one meeting with staff is to determine
whether your development proposal can be processed at the
staff level and if so, to identify the materials staff will
need to review your application.
stage Two: Submit development application. Based on your
meeting with staff, you should respond to the appropriate
portions of the application package and submit the requested
number of copies of a complete application, with the
appropriate processing fee, to the Planning Office.
Stage Three:
working days
package will
be notified
complete or
time.
Determination of Completeness. within five
of the date of your submission, the application
be reviewed by a member of the staff. You will
in writing of whether the application is
if additional materials are required at this
stage Four: Review of Development Application. Once your
application is determined to be complete, it will be
reviewed by the staff for compliance with the applicable
standards of the Code. Within five working days, a memo
will be written by the staff, member for signature by the
Planning Director. ~he memo will explain whether your
application complies with the Code and will list any
conditions which should apply if the application is to be
approved.
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Subdivision Exception for Condominiumization Checklist
City of Aspen Engineering Department
Project Name
Address
Owner
Agent/Attorney/Representative
Address
Reviewed By
Phone
Date
Prior to Council approval, the applicant shall submit a condomi-
nium map including the following information:
Survey Information
Date of survey (within 12 months of application)
Legal description
Surveyor's certificate, signature, and seal
Scale, north arrow, bearings, and dimensions
Description of survey monuments found and set
Basis of bearings
Site' Plan
:
Structure to be condominiumized
Accessory structures
Lot lines
Adjacent streets, alleys
Sidewalks
Curb & Gutter
On-site parking
Existing utility sources and meter locations
Easements, fences, and encroachments
Common areas (trash, parking, open space, etc.)
Adjacent lots and s~bdivisions
Zone district
Irrigation ,and drainage improvements
Disclosure of ownership
Index sheet
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Schematic Floor Plans and Cross Sections
Individual units
Common elements (mechanical rooms, utility areas, entryways,etcJ
Elevations of floors and ceilings
Li~ited elements for each unit (storage, etc.)
Other elements as required in Colorado Revised Statutes
Following Council approval, the following information shall be
added to permit recording of the final plat.
Recording Information
Certificate showing approval by the City Engineer
Certificate showing approval by the Planning Commission
Certificate showing approval of the plat and acceptance of
dedications and easements (if any) by the City Council with
signature by the Mayor
Attestation by the City Clerk
Certificate of filing for the pitkin County Clerk and Recorder
Final Review by
D.ate
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(e) ",....".t.,. ..," Il;t'itnS all:-' 11.01'\,'l-'lh', dl'l'd 0' tru..t, or
oth:-,' ~,.",'i~)' l:...tl',,' '.'ltl)' \'.:!\llh .} (~~ll~,,:;:'iniom Unit vI"
any .,<Jft tllt:rcot is. t'IICtl\ll,.,~ft~d.
(f) "HOrtg3gce" maans dll)' person named as the ftlOrtg3gee
or bcnefichr)' undt~r any nlort9;.9~ which the interest of any
O....ne-r is l'ncr..1'll"~rcd. '
(9) "Ce: ~..,:'ln EtCil~Uf\tS." means:
located.
(1) The rNl property upnn w"itr, the building Is
(2) The foundation, col'Jmns, girders, ... ~""S,
support~, r'i~ wa~ls and roof a~ shown on the Map.
(3) Such partly or entirely enclosed air spates
i'S are J.lrovi.:1ed for COi.~nunity Or con,non use.
(4) Al I olher parts of tt,e property necessary
or convenirut to ib (l(istence, maintenance and safE.l.Y or
nonnal1y in eomm,," use.
(h) "eeneral COllI1lon Element~" means thos. parts of the
Conmon Elements which are not desi9n.1ted as hLimlte4 COllI1lon
Elements."
(i) "Limited Coo~on Elements" means those parts of the
Common El.ments reserved for the exclusive use of t~e Uwners
of less than all of the Cendominium Units in the bUIlding.
(j) "Er.t ire Premises, .,, "Premises ," "Project" or "Property.
means and in<ludes the land. the building. all improvements
and structures thereon, and all rights, easements and
oppurt~nances belonging thereto.
(k) "C","""n Expenses" means and includes:
(1) A11 sums tawfu11y assessed against the Coo,,.."
Elements.
(2) Expenses of administration and mana.ement
~4int~nance, repair or replacement of the Common Elements.
(3) Expenses declared C~lh~fi e~pcnscs by the
unit owne"S.
(I) "Hap" means the Condominium Hap referred to in
paragrap~ 2 below.
1m) "BuildIng" means the building l"provement comprising
I part of the propfr~y.
(n) The tl.le "Hanaging Agent" shall refer to theperson.
fin> ur entity which shall be selected and appointed by the
owner, of the condominium units In accordance with the
provisions of Section IS of this Ceclaratlon.
(0) .Expansi~~~ ~~"i lhe Ueclarant, his successors in
Interest. assigns. or heirs reserve the right to expand the
existing two units of the cond~nln;um project and, when con-
structed, faid expan:ion shall be an Integral part of the
r.ondominluo project. Such e.panslon Is described and provided
for in article 10.
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fl,~. (It",l! j" '.~ j,..i.:"' c~..:lt~rsnip 01" thl~, prop~dYI lIS is provided by
lu.'i, 50 '.t, ,t '. :.1, un~t ::~~,1 tht: interests ap::ourtcni'lnt U1CI'eto shall b~ dee~ed
,] ~l..'pJr,.Hl' pJrl.:t,)l ar:t1 subject to Sepal"a.te aSSfSS'llents anl1 taxation.
3. :rI!~~ ~ ,A em- 4. "~"h.., unit rr..1Y be ht'ld (I,nd OWled by mor~ th"n
C!~ ... :~'I: .;:~ : If'!" t ." .,:' ,.' <":; :,:'~.::':ts in CCl~":"n, \,h III dny real
prOi~t.,.t)' tt': .1,(1 . ..~)!.i\lv.';ip rccclgnizl'd under the laws of Colorado.
9. r~';'.,,',"!:Tk::':1 in CF GENERAL 0'''10', ElEflENTS. The Co",,,on
Elements ~r..l1:f~t:~~l.~:;!'(.;' ',i," ',7..i:';on-by-a-fl Of tht:! )wners c7 the condominiul-:
un its arid sh~ 11 1"1,,,:-:, i 'i .. .JlIrid!!d. arid no owner' sha 11 bring any act ion for
partition Ot ai'v;si(,n 01 the ConmQn Elements, By the acceotance of his
d~(.d or r.'.!"r ir.~.." ':. of cO"'o'C'j'..lnce or a~signmerlt. e~ch Owner
speciticdll.v \'{~hcC~ '.15 r'~nt Lo institute and/or maintalt. ("'l.rtitien
action or ar'/ c.li.r::r ::.:t.icn 1~si9ned to cause a division of thl:: ~"'''1Il'lOn
Elen'l.:nts l;llld t.:J."::1 CJ;~li('r ~pecificJ.l1y agr~es not to institute any action
therefor. Further, each oWller agrees t~Jt this Sec:ion 9 may be pleaded
as a bar to th.:- I';dinten.':.ncc of such action. A violation of this provision
shall e"ltitl~ tilt.: :,~c,:',.~Jtivn to per:io'lal1y colll1ct, jointly and se...erally,
from tt.,~ ;J3rties vlo1."~in~ thp same. tl1e actual attorney.s fees, costs and
othe .. '.. iocu!"s;n i:onnetti~n therewith.
.j~/77 _
10. !~r~s:r.rl OF LilQ,!ill.
(a) ~~rvatior of Ri.ht to Expand, Declarant. his
~ucce~sor~ In intprest, as~i9nsor helrs reser~e the right to
expand thh c(.j,J.,j,j.~~i~!" p""jPC't within designated expansion
bouodar;e$ a$ reflect~J 'n the condominium map. Any additional
b'JlI<Jing ,fOlie pur.uant to this article shall be architecturally
compatible with the existing structu,'e. All constru.:tion shall
be perfOI'1TlCd in a Qual ity and wurl;,~an-l ike manner and $hall comply
with ap,ropr'ate city building soecifl;atlons.
(b) ~!!.2Ele_"~I..,f.!!nd!"!!l~j,,,n Moo. Such expan$lon may
t.: tr.cOll.;.liSlle<l by fillllg 'or records ~y ~ec1arant, his successors
in Inf.al.~!.t. as-sigrs or ~eil""S tn th.: ras..1n County, Colorado, real
estat~ rLcJrds no later thAn ten vpars from th~ datp of this-
d!clJration a suuple~elltal condomini~'1T map which accurately
(e'lects the exaans,lon. The expansion may be accomplished in
stlge$ by filing successive supplemental condominium maps.
(cl illanslon of Definitions. In the event of such
expansion, tlle definitions used In this declaration automatically
,hall be expanded to encompass and refer to the condominium
project at so expanded.
The recordation in the Pitkin ~ounty, Colorado, real
estate records of a supplemental condominium map incident to
a~y eA~ansion shall O~erQte aut~~atically to grant, transfer and
tonvey to the (,,;'It'le."s of condomin1ut'. IJn!ts in th.: project as it
cxhtetJ before ~u(.h ~~pansioll undtvfdpd interests in the new t"OIT'fTIon
elements added to the project as a result of su"h expansion.
(d) Oecla"atioll Ooerilthe on New Bui1~h'Qs. Any such
e,pansion ~ be sJo]ect to all the terrrs, and conditions of this
Oecloration aId of sucn supplemental Decloratlon or Declarations
and ,hall be Subject to condominium ownership with all the incid.nts
pertaining t:,ere1o IS specifl.d heroin. upon placing the suppl.....ntal
condominium lnap and 5uppler.",nUl cond"",lnl... declaration of pUbl1c
record In the Pitkin :ou.ty, Colorado reol estlt. ~ordt.
(ej !dded ExPO"'.~, The Declarant, his successors In
inter.st, a,s'gns or heirs shall be Indivldullly responsible for
additional ...Intenance and addition. 1 e~~nses iO"Jrred by e.~.;;. ;""
of existing ~nlts.
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l'l'lldl.\rl_ ',I ~",. "H".~ il~ intt'l't'",l_ ..');;.iG":~ Of I)cl'.s shall
t.,'A.l"..:ult.' '.~.Ii J,I.:Y;i.l....lt~. dS n.ignt be I'l'~ui r~d.
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11. lJ'f <:r I'\::T~~ li:-:!,1"6,L ;~Jm UNITED CO~~!~Jt~ Elt',:rr:r~, Each OW(1er
~hJll h: (,\flt.t:~,i'h~' .:ili;I,: tJ"'I:.i:si:.l~-dnipoS.~.c;-s.slo-n-ofhh apcwtment.
!: " ,....1. i, " ", ~ I!;.;', ".'n EL,:, .....1tS in o.iCCOrdari"e with :.he
...:', ,t",'.' i .'j :. ',' ...f.~' i,.:.;~,j.:d, ~dUlout hfnd.:!ring or encroJchir.~; upon
t'l:' 1....(.,1 t'.:.'~',:: t,;,",l:'!.::I''lo.'1..;i.'rs.
12. USE. ;\"., .....i";.~'i:~.;~y. Each cor.do::linfum unit shall be use" and
oCC'L:;d (>d sole h'-.1..:7 i.:J:::'~ ~i-':: h t ?\.irp~.ses, and except as provided in this
parJ<;'tJ,,'h, r.1,; t"4C~ 01' tU~:Il~SS of any ~ind may be carried on therein,
lw.e or r~nt':l_~_' conj,)!!inh.T.l Utllt for 10dYing or r.csidenti4l purposes
stloJP f.t:d. ~":t .....;.I\:.;2 t:. be: a v1..J1ation of thfSconvcnan~ ~
13. (!<.sp~r:;r_? fOf~J!!fEQ~r.~~,-ill. If any portion of the Conmon
El(:r:1ent~ nolo/' or hcr":J ftt:1' e:ollCroacnes upon anoti,~-" apartI:1ent uni t is a
result of the s~i'tlng or settling of the building, . 1S a rtsult of
repair due to dJr:vJ(', destruction or condemnatfon, a valid easement for the
encf'o.ldk.,~nt .iI~a ':" Hie IT.ait,tenAnce of sc;~, ~o long as it stands. shall
anJ d,"\('S exist. :n any portion otan apartr.:ent unit now or hereafter
encl'oac~es upon the CO::inon Elements or upon an adjOining apartment unit
or Uhlts a< a res.dt of the shifting or settling of the buildt"~, >r as a
result of ,'epafr du~ to dUil',Jge. destruction orcondenru.tion, a v~1id
eaSf.~:;ent tor the e:1croachment and for the maintenanr:e ",t same. so long
as It stands, shall and dOtS exist. tor title or other p.rposes, such
encroact-.rr:ent ar.d ed~e"'ents 'Shall not be considered or determined to ~e
em.u(..t,rar.ces eiHer on the C1Ji;,ff,on Elements or the apartment units.
/
14. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFIC.TION.
No lJbQr perfomedor materials furnished and fncorporate 1" an apartment
unit with the c")nsent or at the request of the owner thereof or his ager.t
or nts contractor or subcontractor shall be the basis for filing of 4 ;i~n
against the apartment unit of ant owner not Expressly consenting to or
re""estlng the sam', or against the Common Elements owned by such other
ownels. Each ~ner sh.l1inde~nlfl and hold harmless each of the other
owner. from and against .11 lia~lllt~ arising foom the claim of any
iien against the apart~nt unit or any other owner or against the Comn~n
Elements for construction performed or for labor, materials. services, ur
other ~fodlct== incorporated in or othe~ise attrfblltable to the ownerls
.'p.rt'_>nt unit at such owner's reQ"est. That notwithstanding the foregoing.
any mortgagee of a condominium unit who shall become the owner ~f such
condominium unit pursuint to a lawful foreclosure sale or the taking of
a d..d In lieu of foreclosure shall not be ,;"~er any obltgatlon to
Indemnify and hold harmless any a.her owner against liability for cl.lms
arising prior to the date such mortg~gee becomes an owner.
l~- Al1HNISTRATlfN AND 'lArIlGEMENT; MANAGWG AGENT. The .-inin;-
stratfo' and mar.ayement of this condcm1n~operty snall be 9ov~rn~d by
the Articles of Incorporation and By-Lawsot the A'Soclatlon. An owner
of a condominium untt~ ~Jon becoming an ow~r, 5h~11 be a ~ernber of the
Auociation and shallrr '31in a rr.ember for theperlcd ot hh cwnErs~~p. The
Assoclatlon shall be tnitlally gov.r"ed by a Beard of Man_gers .. t;
provided in the By-Laws of the Association. Tho Associatton may delegate
by written agre~ent any of its duties,pcw?rs and function~ to .ny
person or tinr. to art as Hanag1ng Agent at an igrped co~~ensatlcn6 No
further -jeti!'2'1 i(.\rl,hO'..~yer, shall be' vbli~ for a period of longer thin
three (.-) year. fro<: the date of enttrll,g tnto the agreement, ..d Iny
Ig_,.t entered into Ly tile Assoclatlon IlIst be clncclhble at III
opt~..., "pon nlr~ty (90) dlys' "ritlen notice by the Assochtlon to
the otJ~r party or partlu.
T'>e "..oclatlon shin be 'irlnted III of the poo.oen. necessary to
9=lvtrn. ..nllje', !f.glnt"to, 1~1nl~ter .nrf rf'g:.ll.te this c.o.nd~1nilAl
o'oject and perto,," all of thIl duties required of it. /iotwlthstandlng
the Ibcve unless On
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AMENDMENT TO CONDOMINIUM DECLARATION
FOR
MEADOW TERRACE CONDOMINIUMS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, STEIN THOR JACOBSON, Declarant, by Condominium Declaration
for Meadow Terrance Condominiums, recorded on July 29, 1977, in Book
332 at Page 522, in the office of the Clerk and Recorder for pitkin
County, Colorado, established a condominium under the Condominium
Ownership Act of the State of Colorado upon the following described
real property situated in the City of Aspen, County of Pitkin, State of
Colorado:
Lot 1, Block 1, West Meadow Subdivision, according to the
Plat thereof recorded in Ditch Book 2A at Page 245 of the
real property records of Pitkin County, Colorado.
WHEREAS, Article XIX of said Condominium Declaration provides that
this declaration can be amended if the owners of all units and all
holders of any recorded mortgages or deeds of trust covering or
affecting any of the condominium units consent and agree to such
amendment by instrument which shall be duly rec~rded.
NOW, THEREFORE, all owners and holders of deeds of trust hereby
consent and agree to amend the Condominium Declaration for the Meadow
Terrace Condominiums as follows:
Paragraph 10. Expansion of the Project. Subsection (b) Supplemental
Condominium Map. is modified in its entirety, and shall read as follows:
"Such expansion may be accomplished by filing for record by
Declarant, his successors in interest, assigns or heirs, in the Pitkin
County, Colorado, real estate records no later than twenty (20) years
from the date of this Declaration, Supplemental Condominium Map or Maps
which accurately reflect any expansions which take place in the
designated area of expansion. The expansions may be accomplished in
stages by filing successive Supplemental Condominium Maps."
In all other respects, the Condominium Declaration for Meadow
Terrace Condominiums shall remain the same.
IN WITNESS WHEREOF, all owners and holders of deeds of trust have
duly executed this Amendment to Condominium Declaration this day
of July, 1987.
ASPEN SAVINGS & LOAN ASSOCIATION
Holder of Deed of Trust affecting
Unit -L-, Meadow Terrace
Condominiums
By
~tt.?d~ ~
ASPEN SAVINGS & LOAN ASSOCIATION
Holder of Deed of Trust affecting
Uni t .:1- , Meadow Terrace
Condominiums
~ tIt.#.L-
By
Robert A. Slade, Vice-President
Robert A Sl d V
. a e, ice-President
(ADDITIONAL SIGNATURES AND NOTARY
ACKNOWLEDGMENTS ON PAGE 2)
- 1 -
extent at SU~
':jUU'(';I;;.
-----c.'""I"RiS~f.,. '. ~. FOR ST A TtSTlCAl 1 Policy Number 4. Policy Amount
PURPOSrs ONLY';:t\lo IS NOT APART 2 F>roper~ 5 Premium
OF THE POLICY. 3 County, 6 Rate Rule
1~5 0, I: · -[
T Effective Date
8 Survey Amendment
9 Additional Chains
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lIDnYers lltle Insurance (9rporation
OWNER'S POLICY
Schedule A
CASE NUMBER
.
PCT-764-85
DATE OF POLICY
AMOUNT OF INSURANCE
~ POLICY NUMBER
THE POLICY NUMBER SHOWN
ON THIS SCHEOULE MUST 85 00 492735
AG.REE WITH THE PREPRINTEO. --
NUMBER ON THE COVER SHEET
.
JANUARY 15, 1986
@ 4:18 P.M.
$100,000.00
1. Name of Insured:
DAVID S. AMORY and MARGARET McCARTHY AMORY
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
DAVID S. AMORY and MARGARET McCARTHY AMORY
4. The land referred to i~ this policy is described as follows:
CONDOMINIUM UNIT 2, MEADOW TERRACE CONDOMINIUMS,
according to the Condominium Map thereof recorded in Plat Book 6 at Page 8-9,
and as defined and described in the Condominium Declaration for Meadow Terrace
Condominiums recorded in Book 332 at Page 522.
COUNTY OF PITKIN,
STATE OF COLORADO.
PITKIN COUNTY TITLE, INC.
ASPEN, COLORADO.
ISsueda1 (Location'
This Policy is invalid unless the cover sheet
a'nd Schedule B are attached.
ALTA Owner's Policy Form B 1970 (Rev. 10.17.70) Copyright 1969
ORIGINAL
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ImDyerslltle Insurance W"""orauon
.-"""'1
OWNER'S POLICY
CASE, NUMBER
DATE OF POLICY
THE POLICY NUMBER SHOWN ON THIS SCHEOULE ~
POLICY NUMBER
MUST AGREE WITH THE PREPRINTED NUMBER
ON THE COVER SHEET
PCT-764-85
.
I
JANUARY 15, 1986
85-00-492735
Schedule B
This policy does not insure against loss or damage by" reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements. or claims of easements. not shown by the public record.
3. Discrepancies. conflicts in boundary lines, shortage in area. encroachments, and anyfactswhicha correct survey and inspection
of the premises would disclose and which are not shown by the public records.'
4. Any lien, or right to a lien. for services. labor, or material heretofore or hereafter furnished, imposed by law and notsho~n by the
public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights. claims
or title to water.
6. Taxes for 1986 not yet due or payable.
7. Building and restrictive covenants attaching to and running with
the title as imposed by instrument recorded in Book 185 at Page
211 and amendments thereto recorded in Book 191 at Page 197 and
in Book 187 at Page 183.
8. Easements for utilities.as may be shown on the plat of said Subdivision
(West Meadow Subdivision)
9. Reservations contained in the United States patent as follows: "Subject
to any vested' and accrued water rights for mining, agricultural,
manufacturing, or other purposes, and rights to ditches and reservoirs
used in connection with such water rights as may be. recognized and
acknowledged by the local customs, laws, and decisions of courts
and also subject to the right of the proprietor of a vein or lode
to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted, as provided
by law."
10. Encroachment as disclosed on the Condominium Map recorded in Plat
Book 6 at Pages 8-9.
11. Any loss cr damage caused by the fact that the Condominium Declaration
makes it possible to reduce the percentage of ownership in the Common
Elements appurtenant to a Condominium Unit.
12. Deed of Trust from: James M. Frazier
to the Public Trustee of the County of Pitkin
for the use of Aspen Savings and Loan Association
to secure $60~400.00
dated. September 21, 1977
recorded September 22, 1977 in Book 335 at Page 322.
reception no. 197572
13. Terms,condit1ons, provlslons and obligations as contained in
the Condominium Declaration for Meadow Terrace Condominiums,
recorded in Book 332 at Page 522 and First Amendment thereto
recorded in Book 335 at Page 318.
Policy 85 Rocky Mt.(Rev. 2.791 Litho in U.S.A.
Form No. 035.0.085.0502/1
AlTA Owi''ll~r's Policy-Form B 1970 (Rev; 10.17.70) Copyright 1969
ORIGINAl