HomeMy WebLinkAboutcoa.lu.co.808/810 Bonita Dr.A16-97
~LOAD SUMMARY SHEET - CIrMF ASPEN
DATE RECEIVED: 2/26/97
DATE COMPLETE:
PARCEL ID # 2735-122-09-028 & 029
CASE# A16-97
STAFF: Chris Bendon
PROJECT NAME: 808 & 810 Bonita Dr Subdivision exempt. For Condominiumization
Project Address: 808 & 810 Bonita Dr. Aspen
APPLICANT: Chet Pohle '1'lP ~l.:'M ~ 0'0/t tlA?1
AddresslPhone: 810 Bonita Dr.
OWNER: Chet Pohle, and Adam & Mary Cherry
Address/Phone: 808 & 810 Bonita Dr. Aspen
REPRESENTATIVE: same
Address/Phone:
RESPONSIBLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSING
ENV HEALTH
CLERK
TOTAL
$245
$110
$0
$0
$
$355
FEES RECEIVED
PLANNING $245.
ENGINEER $110.
HOUSING $
ENV HEALTH $
CLERK $
TOTAL RCVD $355
# APPS RECEIVED 2
# PLATS RECEIVED 2
GIS DISK RECEIVED:
TYPE OF APPLICATION
Staff Approval
P&Z
cc
CC (2nd readin )
REFERRALS:
o City Attorney
....City Engineer (DRC)
o Zoning
o Housing
o Environmental Health
o Parks
DATE REFERRED: 1;fb
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
INITIALS:~
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
DATE DUE: ~
APPROVAL:
OrdinanceIResolution #
Staff Approval
Plat Recorded:
Date:
Date: ~ ~ ;m1
Book B2 ~ , Page c-"1~~
CLOSED~~ DATE: ~~L"_
ROUTE TO: WI, .
INITIALS: QM l/V)
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MEMORANDUM
To;
Chris Bendon, Planner
Nick Adeh, City Engineer ~tfi!
Chuck Roth, Project E~eer (!1C-
Thru;
From:
Date:
March 12, 1997
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Re: 808 & 810 Bonita Drive Subdivision Exemption for Condominiumization
(parcel ID No. 2735-122-09-028& 029)
I have reviewed the above referenced application, and I have the following comments:
1. Original "Plat" - The applicant submitted a "plat" on a letter size page that was recorded at a
book and page number that are illegible but as a letter size document and not a full size plat. The
legality of the original "plat" is questionable, and the current application to create a plat to meet the
City Code will rectifY the situation.
2. Missing plat content requirements
a. Show and label the edge of the asphalt pavement. In the notes, state that the easements
indicated on the title policy have been shown on the plat. Delete the reference to the older
title policy. If any drainage improvements, such as drywells, have been constructed, show
them on the plat. Label the shown ditch as an irrigation ditch. Show the dry stack stone wall
which was installed in the public right-of-way. Show locations of utility meters and
approximate locations of utilities serving the parcel, both on site and in the adjacent public
right-of-way.
b. State the total acreage of the lot to nearest 0.001 acre.
c. The status of monumentation at the northwest corner of the parcel is illegible.
3. City Water Department
a. There is a ditch that is shown on the plat. It must be labeled "irrigation ditch." An
easement must be shown for the irrigation ditch. The Water Superintendent has requested
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ten feet on each side of the centerline of the ditch, to which the applicant has agreed. This
must be shown on the plat. The owner certificates must include language dedicating and re-
dedicating the easements shown.
b. It was reported to the Engineering Department that there is a water feature that uses water
from the ditch. The applicant stated that there is no diversion from the ditch for a water
feature but that he has an agreement with the City for water use for irrigation. Prior to the
City Engineer signing the plat, we must receive communication from the Water Department
that they have been in contact with the applicant and that any water related issues have been
resolved to their satisfaction.
c. A shared use agreement for municipal water or separate water taps for the condominium
owners are recommended.
4. Aspen Consolidated Sanitation District - A shared use agreement or separate service lines for
the condominium owners are recommended.
5. Work in the Public Right-of-wllY - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks
department (920-5120) for vegetation species, and streets department (920-5130) for
mailboxes , street and alley cuts, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from the city
community development department.
cc: Phil Overeynder, Water Superintendent
Chet Pohle, (Fax 544-060
M97.45
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CHET POHLE
810 BONITA DRIVE
ASPEN, COLORADO 81611
TEL (970) 920-4379 FAX (970) 544-0601
February 26, 1997
RE: APPLICATION TO THE CITY OF ASPEN FOR CONDOMINIUMIZATION OF 808 AND
810 BONITA DRIVE, ASPEN, COLORADO 81611
DEPOSIT:
SIGNED FEE
AGREEMENT:
PROFF OF
OWNERSHIP:
LETTER FROM
APPLICANT:
SUMMARY
LETTER:
VICINITY MAP:
The total deposit for this application in the amount of$355.00 is enclosed with
this application
The signed fee agreement for this application is enclosed.
Proof of Ownership for both 808 and 8 I 0 Bonita are enclosed, signed by Vince at
Pitkin County Title
Both a letter from Chet Pohle, applicant, and Adam Cherry, are enclosed. Adam
Cherry has assigned Chet Pohle as representative and has signed & notarized a
statement to that effect, a copy of which is enclosed.
Two copies of the summary letter stating the request are enclosed.
Two copies of the vicinity map showing the location of the property are enclosed.
EXISTING PLAT: Two copies of the (old) existing plat are enclosed.
PLEAE NOTE: During the Pre-Application Conference, it was requested that
a more readable copy of this old plat be obtained. I personally visited with the
folks in the City Engineering Department, the folks at the Assessors Office, and
checked the micofische at the County Records. and no one (can you believe it?)
has a copy of the plat. It may be that the copy I have is the only one, I am not sure.
At any rate, there is no other copy of the old plat to be found. The County Clerk
told me that there is no record of any plat being recorded. Unfortunately, the copy
I have seems to be the only copy available.
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PROPOSED PLAT: Two copies of the proposed plat from the surveyor are enclosed.
PRIOR APPROVALS: I checked with the County Clerk under the property address, names of prior
owners, and under the parcellD for each address (808 and 810 Bonita). No
prior approvals can be found so r assume that no prior approvals have ever
been made. Therefore, no copies of prior approvals are enclosed.
Sincerely,
QLt p~
Chet Pohle
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CHETPOHLE
810 BONITA DRIVE
ASPEN, COLORADO 81611
TEL (970) 920-4379 FAX (970) 544-0601
February 26, 1997
Applicants Name and Address: Chet Pohle located at 810 Bonita Drive, Aspen, Colorado 81611.
Telephone (970) 920 - 4379
Street Address is 810 Bonita Drive, Aspen, Colorado. Legal
description is Lot 20, West Aspen Subdivision, Westerly half.
Co-applicant is Adam Cherry located at 808 Bonita Drive, Aspen,
Colorado. Legal description is Lot 20, West Aspen Subdivision,
Easterly half.
Attached is a copy of a letter signed and notarized by Adam Cherry which grants Chet Pohle to be the
representative for the condominiumization process.
Sincerely,
CW-P~
Chet Pohle
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CHETPOHLE
810 BONITA DRIVE
ASPEN, COLORADO 81611
TEL (970) 920-4379 FAX (970) 544-0601
SUMMARY LETTER EXPLAINING REQUEST (EXISTING CONDITIONS AND PROPOSED
USES)
The owners of the property located at 808 and 810 Bonita Drive, Aspen, Colorado request to have the
duplex at this address considered for condominiumizaztion.
Currently, the use of this property is as a duplex, single family dwelling.
The proposed use is for condominium, single family dwelling. According to my conversation with Chris
Bendon, this use will conform with he Standards of the Land Use Code Sections.
Sincerely,
C1J p~
Chet Pohle
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ASPEN/PITKlL~
COIVIl\tIlJNITY DEVELOPlVIENT DEPARTI\tIENT
A~reement for Pavment Of Citv of Aspen Development ADplication Fees
CITY OF ASPEN (hereinafter CITY) and Chester Pohle
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. - APPLICANT has submitted to CITY an application for
Bonita Condominiums
(hereinafter, THE PROJECT).
'/ APPLICANT understands and agrees that City ,)f A.spen Ordinance
No. 53 (Series of [995') establishes a fee structure for Planning applications and
the payment of all processing fees is a condition precedent (0 a determination of
application completeness.
3. APPLICANT and CITY agree that because of the size. nature or
scope of the proposed project. it is not possible :.It this time to ascertain the full
extent of the costS involved in processing the :.Ipplication. APPLICANT and
CITY further agree that it is in the interest of the parties (0 allow"APPUCANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed (0 APPLICANT on a monthlv basis. APPLICANT a~rees he will be
benetited by retaining greater cash liquidity and will make add~ional payments
upon notification by the CITY when they are necessary JS costs Jre incurred.
CITY a!!rees it will be benetited throu!!h the e:re::lter certaintv of recovering its full
costs to-process APPLICANTS appliCation: . -
4. CITY and APPLICANT further agree that it is imprJcticable for
CITY staff (0 complete processing or present sufficient information to the
Plannin!! Commission and/or Citv Council to enahle the Plannim! Commission
Jnd/or City Council to make legally required fIndings for project approval. unless
current billings are paid in full prior to decision.
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for _ hours of PIl'lnning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned. above,
including post approval review. Such periodic payments shall be made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
G If)
By: ,~ \_ 4.0- ...
Stan lauson
Community Development Director
APPLICANT
By:
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Chester Pohle
Date: Februarv 25. 1997
Mailing Address:
810 Bonita Drive
Aspen, Colorado 81611
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TO: COMMUNITY DEVELOPMENT, ASPEN, COLORADO
FROM: ADAM Z. CHERRY
DATE: JANUARY 22,1997
I, Adam Z. Cherry, located at 808 Bonita Drive, Aspen, Colorado, do hereby authorize Chet Pohle located
at 810 Bonita Drive, Aspen, Colorado, to act as my agent on behalf of the Condominiumization of the
duplex located at 808 and 810 Bonita Drive, Aspen, Colorado. Chet Pohle can be reached by telephone at
920-4379 or 925-1144.
In addition to the Aspen address, I can also be reached at 135 9th Street, Del Mar, California 92014.
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Adam Z. Cherry "
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CERTIFICATE OF OWNERSHIP
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pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that SEPARATE PROPERTY TRUST OF ADAM Z.
CHERRY is the owner in fee simple of the following described property:
AN UNDIVIDED 1/2 INTEREST IN AND TO LOT 20, WEST ASPEN SUBDIVISION, FILING NO.
1, TOGETHER WITH THE EXCLUSIVE RIGHT TO THE USE OF OCCUPANCY OF THE EASTERLY
RESIDENCE UNIT.
COUNTY OF PITKIN, STATE OF COLORADO.
Existing Encumbrances: NONE
Subject to easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
BY:
CERTIFIED
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PITI'<J:!\I COUNTY CLERf< & H~rmER
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W ARRAr~TY DEED
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THIS DEED, made this 22 day of JAlWJ>.RY
1997, between VERNON ROBERT DICK & KAREN JEAN PICK RE'VOCAJ3LE LIVING TRUST AGREEMENT
DAlEO f.€CEI1IlER 20, 1988, AS TO AN UNDIVIDED FC/JRIY PEIONf (40%) INIEREST AND FRANKLIN F. OOERKS
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OF THE COUNTY OF , (' fl ") ,\7, ,STATE OF CA
GRANTOR, AND
SEPARATE PROPERTY TRUST OF ADAM Z.CHERRY ADAM Z. CHERRY, TRUSTEE
GRANTEE
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whose legal address is :
135 9TH STREET DEL MAR" CA 92014
COUNTY OF 5<" 1>it>..fv ,STATE OF CA
WIT~SSETH, That for and in consideration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and convey and
confirm unto the grantee, his heirs and assigns forever, all the real
property together with improvements, if any, situate and lying and being in
the County of PITKIN, State of COLORADO, described as follows:
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AN UNDIVIDED ONE-HALF INTEREST IN AND TO: LOT 20, WEST ASPEN
SUBDIVISION, FILING NO.1, TOGETHER WITH THE EXCLUSIVE RIGHT
TO THE USE AND OCCUPANCY OF THE EASTERLY RESIDENCE UNIT AND
THE LIMITED COMMON ELEMENTS, AND THE NON-EXCLUSIVE RIGHT TO
USE AND ENJOY THE COMMON AREAS, ALL AS SET FORTH IN
DECLARATION OF RESTRICTIONS RECORDED AUGUST 26, 1975 IN BOOK
302 AT PAGE 120. COUNTY OF PITKIN, STATE OF COLORADO.
* JR. & MARGARET A. OOERKSEN, TRUSTEES OF TIlE FRANKLIN F. OOERKSEN, JR. FAMILY TRUST OF 1993 DAlEO
MARCH 15, 1993 , AS 10 AN UNDIVIDED SIXTY PERCENf (60%) INIEREST
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TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainders, rents', issues and profits thereof, and all the
estate, right, title, interest,claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
che hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantee, his heirs and assigns forever.
And the Grantor, for himself, his heirs and assigns, does covenant, grant,
bargain, and agree to and with the Grantee, his heirs and assigns, that at
the time of the ensealing delivery of the presents, he is well seized of
the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form as aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature
soever, except those matters as set forth on Exhibit "BII attached hereto
and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantee, his heirs
and assigns, against all and every person or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural,
th,e plural the, SingUlar,' a,nd the,U,se~o, f g,en ,r shall be applicable tO,all
genders. __ ' . .
u-- v,;/ ~A)( .",,(/t.:/:.; '1g:,,/:-- tWzklJ,
VERNON ROBERT DICK & KAREN ,EAN DICK FRANKLIN F. DUE KSEN~_JR. & MARGARET A.
REVOCABLE LIVING TRUst ilGREEMENI' I\lEO DECEMBER ' OOERKSEN, TRUSTEES OF it,,:, ~IN F. OUERI<SEN,
20, 1988 JR. FAMILY TRUST OF 1993 DAlEO ~ 15, 1993
STATE OF (1U{OVl-1. it:<.
COUNTY OF /'VeotO ss.
The foregoing instrument was acknowledged before roe this l~'h
19 Q'1 , by VERNON ROBERT DICK & KAREN JEAN DICK AND FRANKLIN
MARGARET A. 1JlJE:RKSEN, TRUSTEES
day of JaIWIlY'f '
F. DUERKSEN, JR.
WITNESS my hand and of .
my commission expires:
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KlilSTEN l. OilY
C0MM'lC1/6121
NOTARY HJllt!(;.CAlIfOflNlA.
PfllNCIPAl oFFl-.:r IN
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j "Declarant," is the fee simpl~ OI-mer of the following
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DECLI\R1\'l'ION OC' RESTRICTIONS
KNOW l\LL MEN BY 'l'IIESP. I'HESEN'l'S:
NllEREl\S, WILLI1\!1 J. Gi\UDItlO, hereinafter called
described real estate, to wit:
Lot 20 WEST l\SPEN SUBDIVISIONS, Filing No.1
Co~nty of Pitkin, State of Colorado,
and
. WllEREl\S, the Declarnnt heretofore constructed a
duplex residence building and other improvements appurtenant
thereto on the above-described property, which building con-,
.. . I .tains two (2) residence units; and
WHEREl\S, Declarant desire to establish a plan for
the use,and co-ownership in fee simple,of re~l property
estates consisting of co-o\'lnership by the ind.ividual owners,
as tenants in common, of all of the property, together with.
an exclusive right to use a Residence Unit in the Building
as hereinafter provided.
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NOI'1, TIIEREFOR8, Declara n t does hereby publish and
declare that the following ter.lns, covenants, conditions,
eas.ements, restrictions, uses, l.imitations, and obligations
shall be deemed to r.un \'lith the land above-described, shall,
be a burden and a benefit to Declarant, his heirs and assigns
and any person acquiring or o~ming an interest in the real
property and improvements, their grantees, lessees, successors,
heirs, executors, administrators, devisees or assigns.'
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DEFINITIONS
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unit, consisting of enclosed rooms occupying part of the Building
~nd bounded by the interior surfaces of the perimeter wall.,
floors, ceilings, windo\~s, doors and built-in fireplaces, if
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any, of the Building cOlwtrncteu on the above-described real
property, together with all fixtures and improvements therein
contained, but not incl.udin9 any of the structural. components
I of the Building within a Residence Unit.
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1.2
"Owner" means any person or entity, including
Declarants, or any combination thereof, owning an undivided
interest in the property; the term "Owner" shall not refer tq
any Mortgagee, as herein defined, unless such Mortgagee has
acq'uired title pursuant to forec:losure or any proceeding in
lieu of foreclosure.
,1.3 "Mortgage" means nny mortgage, deed of trust or
other security instrument by ~lhich the interest of any Owner
is encumbered.
1.4 "Mortgagee" means any person named as Mortgagee
or beneficiary, including successors and assigns thereof, under
any mortgage under which the interest of'any Owner is encumbered.
. 1.5 "Conunon Area" means and includes all portions of'
the property, except the Residence Units, including,: but not
limited to, the following:
(a) The land on which the Building is located;
stairways, and entrances and exits of the Building;
II (c) .The conunon yards, gardens, parking areas, and,
(\ storage spaces and sheds;
\, (<ll 1my innLHI.lit1.1'Jrw <':'JIl3intin<j or ,,<,!uitJment
I and materials making up any central utiLity services;
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(el In general, nll. apparatus 'and installations
exis~ing for conunon use; and
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(f) All other pnrts of the property necessary.
or convenient to its existence, maintenance, and safety, or
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normally in common use.
1.6 "Limited Conunon i\rea" means any Common Area
designated herein for exclusive use by Owners of a particular
Residence Unit. Any balconies, decks, terraces, porches,
patios, exterior walkways, stairways, doorways, storage areas
and 'garage areas \."hich are commonly identified with or
,appurtenant to a particular Residence Unit shall be Limited
Common Areas for the exclusive use of the Owner or Owners
of said Residence Unit.
1.7 "Property" means and includes the land, the
Building,.all improvements an~ structures thereon, and all
rights, easements, and appurtenances belonging thereto.
1.8 "Duilding" means one of the two connected resi~
dential buiiding improvements comprising a part of the property.'
II. EXCLUSIVE RIGHT TO USE I\ND Cor'U'10N
II . 2.1 Said property is improved
I' bui'lding containing two (2) Residence
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AREI\S
with a duplex residence
Units as shown on the
plans attached hereto as Exhibit "1\."
Subject to the limita-
tions contained in this Declaration, and to the terms, provi-
.sions, reservations and restrictions set forth on the recorded
plat of WEs'r ASPEN SUDDIVISION, and contained in the
Covenants for said Subdivision recorded in Book 22~ at
Page 78, and amended by instrument recorded in Book 22~ at
Page 507, all of the records of PitJdn County, .Colorado, each
Owner and their respectivesuccessors'and'assignsshall
o...m an undivlrled fifty p~r':'1nt: (SO~;) int:erp.!>t jn thp.
pro~erty, together with an exclusive right to use a Residence
unit in the Building, the non-exclusive ~ight to use and
enjoy the Conunon Areas' and the exclusive right to use,and
enjoy any Limited Common I\reas \o1hich may be designated on the
attached map for exclusive use by such Owner.
The purchaser
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of the Residence unit designotcd as unit One on the'plat
attached as Exhibit 1\ shall huve the exclusive right to
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use the southerly one half of the garage, being the one
half close~t to Bonita Drive, and the purchaser of unit Two
shall have the exclusive right to use the northerly one half
of the garage.
.2.2 Each Residence unit shall be used and occupied
,
for single-family residential purposes only' and no trade or
business of any kind may be curried on therein. Lease or
rental of a Residence Unit for lodging or residential purposes
.shall not be considered to be a violation of this,Covenant;
PROVIDED, HOWEVER, that no Residence unit shall pe leased
or rented for a period of less than six (6) months and the
. maximum occupancy shall be six persons per Residence Unit.
. 2.3 Each Owner, at his $ole cost and expense, shall.
have the exclusive right to (1) paint, repaint, tile, paper
.or otherwise refinish and decorate the interior surfaces of
. all walls ,windows, ceilings, floors,' and cloors bounding the."
Residence unit which he hus the.exclusive right to use; and
,
to (ii) alter the interior of said Residence so long as such
alteration does not affect the Conunon Areas, any other Resi-,
dence Unit, or the structural soundness or integrity of the
. Building in which such Residence Unit is located.
2.4 Each Owner shull keep the interior of his Resi-
dence Unit, including, without limitation, interior wails,
windows, glass, ceilings, floors and permanent fixtures and
. ' .
appurtenances thereto, in a clean, sanitary and at'tractive
. .
condition, and good state of r~puir.
2.5 Each Owner shall be solely responsible for
. .obtaining and paying for all insurance, including fire,on
.1 the furnishings within said Residence Unit, and other items
of. personal property, and for casualty and public liability
insurance covering the Residence Unit to which he has exclusive
1
use. No residence U~it or Common Areas shall 'be occupied or
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used for any purpose or in any manner \vhich shall cause a
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Building or any Residence therein to be uninsurable against
loss by fire or other perils of the extended coverage casualty
insurance, or caUSe any policy or policies representing such
insurance to be cancelled or suspended or the company issuing
the ~ame to refuse renewal thereof.
2.6 Neither Residence Unit shall be used in any manner
that will interfere with the enjoyment of occupants of the
other Unit or annoy them by unreasonable noises or otherwise,
nor shall~ny nuisance, or immoral or illegal activity, or
activity in violation of the Covenants for WEST ASPEN
SUBDIVISION be committed or permitted to occur in any Residence
Unit or Common Area.
2.7 The Common J\reas shall be improved and used only
in accordance with rules promulgated by the Board of Governors
which may include, but are not limited to (i) vehicular park-
ing, .(ii) vehicular and pedestrian movement on the Conwon
Areas, including ingress to and egress from the Residence
Units in.the Building, (iii) recreational uses subject to
rules established by the Board, and (iv) beautification of .the
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to each Residence Unit, and the Common Areas are and shall be
subject to such easement. No owner of a Residence Unit shall
park his vehicle in such a manner as to interfere with another
owner's use of the conwon drive,...ay.
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2.8
No activity shall be cilrried on in the Common
Areas which shall be contrary to the r.ules and regulations
adopted by the Board of Governors.
2.9
Each Owner sl~aJ.l be legally liable to the Board
of Governors'for all damages to the Common Areas or to' any
improvements thereon or thcr.-cl:o caused by such Owner, his
guesf.s, or any occupant of such Owner's Residence Unit.
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2.~0 Some of ~he Connon Areas are or may be ~ocated
within the Residence Units or may be conveniently accessible
only' through' the Residence Uni ts. 'I'he Owner of the other .
Residence Units shal~ have the irrevocable right, to be exer-
cised by a, member of the Board of Governors as his agent, to
have access to the other Residence Unit and to all Cormnon
Areas from time to time during such reasonable hours as may
be necessary for the maintenance, repair or replacement. of any
of the Cormnon Areas located l:.herein or accessible therefrom'
or for making emergency repairs therein necessary to prevent
damage to the Cormnon Areas or to the other Residence Unit.
The Board of' Governors shall also have such right .independent:
of any agency relationship. Uamage to the ihterior of any part
'of a Residence Unit resulting from the maintenance, repair,
emergency repair or replacement of any of the Cormnon Areas or
as a result of emergency repairs within another Residence
Unit at the instance of the Board of Governors or of an Owner
shall be an expense of all the Owners; PROVIDED, HOWEVER, that
if;3uch .damage is the result of negligence 'of .an Owner, then
such Owner.shall be financially responsible for all of such
damage. Such damage shall be repaired and the property shall
'be restored substantially to the same condition as existed .'
prior to damage. Amounts o\~ing by Owners pursuant.hereto shall
be collected by the Board of Governors by assessment pursuant
to this Declaration.
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2.11 The Cormnon Areas shall be owned in cormnon by
all the Owners of Residence Uni.ts, ana no Owner shall bring
any action tQr partl.l:.l,on I.h"r''','''.
III. BOARD OF GOVERNORS
3.1 The Board of Gover.nors, consisting of three (3)
persons, shall constitute the management body of the property,
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and be vested ,with the rights, powers and duties hereinafter
set forth.
3.2 Each Owner shall be a member of the Board of
Governors; PROVIDED, HOWEVER, that if there is more than one
Owner having the right to the exclusive use'of a Residence
. Unit, they shall., amongst themselves, select which one of thelli
shall be on the Board of Governors so that each Residence Unit
shall have only one representative on the Board of Governors.
In addition, the two (2) Owner Governors shall choose between
themselves a third person who shall not be an Owner, which
said person chosen shall be the third Governor; The Owner
Governors shall not receive any compensation for the perform-
ance of their services as Governors but shall be entitled to
reimbursement for out-of-pocket expenses expended in such
performance. The Non-Owner Governor shall be compensatl3d for'
his services in such amounts as shall be determined by. the
concurrence of the Owner Governors and. shall likewise be
entitled to reimbursement for out-of-pocket expenses.
/'
3.3 WILLI~1 J. GAUDINO shall be the initial Owner
Governor. If a Residence Unit is sold, the new Owner
thereof shall automatically replace the selling Owner
on the Board of Governors \~il:h respect to such Residence Unit.
- 3.4 Both of the Owner Governors shall constitute a
quorum for the transaction of business. There shall be required
a majority vote of Governors pres~nt at any meeting ,of the Board
to constitute a decision of the Board as to the question
voted upon. Except as provided for in Article 3.5, it shall
be necessary that both O\~ner Governors be present at a meeting
of the Board to Constitute a valid decision of said board,
unless an Owner Governor hus received at least thirty days
written notice of a Board Heeting, und does not thereafter
appear. In 'the event of non-appearunce. by an 'Owner Governor'
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'.'who has been given the requisite notice, then a m~jority vote
of the Governors present at the meeting shall constitute a
decision of the Board as to the question voted upon.
3.5 Any action permitted to be taken by the Board
may be taken without a meeting of the Board if both the
then-existing Owner Governors shall consent in writing to
such action.
IV. . POI'IERS OF BOARD OF GOVERNORS
4.1 The Board has and shall have the following respon-
sibilities, rights and powers:
(a) To elect from among the Governors a Chairman
and Secretary, to fix their respective powers and duties, and :
:to establish rules and regulations not inqonsistent herewith ..'
relating to notices of Board meetings and other matters relat-
ing to the conduct of Board meetings. The offices of Chairman
and Secretary may not be'combined and shall be held only by
Owner Governors.
(b) To adopt rules not inconsistent with the
provi,sions of this Declaration, or the Protective Covenants
for WEST ASPEN SUBDIVISION, including, but not limited to,
rules and regulations relating to t,he use,of and activity
.on the Common Areas.
(c) To maintain bank account(s) for funds coming
under control of the Board.
(d) To levy assessments and otherwise act as set
forth in Article V below.
(e) '. To enforce the provisions of this' Declara;"
tion; PROVIDED, 1l1)~TF:'Ir.P., r.'I,~h r I ';Ihl: I:r:> <!nf:r:>rcc l:.h~ pr.o',inions
of this Declaration shall not be construed to prohibit the
right to enforce this Declaration by any individual Owner, his
successors or assigns.
(f) To contract and pay for and maintain fire,
casualty, liability and other, insurance covering the property
in amounts as determined by the Board.
Each policy shall
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recite each of the Owners as named insureds, as their interests
appear.
said insurance sha.ll not be in an amount less than
the full replacement value of the improvements located on
the property.
(g) Subject to the rights of the Owners set
'forth in this Declaration, to manage and control the Common
Areas and all improvements thereon (including furnishings and
equipment related thereto), and shall keep the same in, good,
clean, attractive and sanitary condition, order and repair; .
. PROVIDED,' HOWEVER, that each Olmer shall keep the Limited
Common Areas designated for use in connection with his Re~idence
Unit in a good, clean, sanitary and attractive condition. The
Board of Governors shall be responsible'for the m~intenance and
repair of exterior surfaces of the Building, including, without
limitation,. the painting of the same as o,ften'as necess<;lry,.
the replacement of trim and caulking, the maintenance and
repair' of roofs, the maintenance and repair of other Common
Areas, including utility lines and all other improvements or .
mate~ials located within or used in connection with the Common'
Areas. The specification of duties of the Board of Governors
with respect to particular Common Areas shall not be' construed
to limit its duties with respect to other Common Areas.
(h) To obtain and pay for the servIces of any
person or entity to manage its affairs, or any part thereof,
to the extent it deems advisable, as well as such other per-
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sonnel as the Board of Governors shall determine to be neces-.
. .
:;ary or desirable for the proper operation' o~ the .property, , :
whetfer such personnel aru [urnislwu or employed directly 'by
the Board or by any person or entity with whom or with It
contracts. The Board may obtain and pay for legal and account-
in~ services necessary or desirable in connection with the
operation of' the property or the enforcement of this Declara-
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The Board may arrange \~ith others to furnish lighting,
heating, water,
tranh collection,
sewer service and other
common services to each Residence unit.
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I . become due under any deed of trust covering the property, and
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To pay the taxes \~hich would be a lien upon
the property and to make the payments of principal and interest
and any other indebtednesses as the same may from time to time .
to pay and discharge any lien, encumbrance or assessment levied
against the property.
V. ASSESSMENTS BY BOARD OF GOVEfu~ORS
."
5.1 The Board of Governors shall have the right and
power to make from time to time reasonable assessments upon
each Owner.to meet anticipated expenditures for common expenses
authorized.by the Board. Except as otherwise provided herein,
each Owner shall be assessed separately and in an equal amount~
Assessments.may include, but are not limited to:
Payment for all Common Area utilities;.
General taxes and assessments;.
Insurance premiums for insurance covering
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Maintenance and repair of the exterior
surfaces of the Building and Common Areas; and
(e) Payment for assessments levied against the,
property by' any neighborhood or subdivision Homeowners Assoc-
iation.
5.2 Written notices of such assessments shall be
deposited in the United states mail, Rostage prepaid, addressed
to .each Owner. Such assesnments shall be a lien'. em the
Owner's interest in the property and the Residence Unit which
the Owner has the exclusive right to use,. superior and prior
to all mortgag<~s thereon save and excepting a valid firs.t
mortg~ge or deed of trust, and a personal and individual
obligation of the Owner from the date such assessment is
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made. Such assessment shall bear interest at the rate of
I. eighteen percent (1.8"> per annum from and after the due
I ,date thereof established by the Board. The' amount of any
such assessment, together with said interest, costs and' .
reasonab1.e attorneys' fees in the event enforcement is com-
menced, shall be and become a lien as provided hereinabove
when the Board causes to be recorded with. the County Recorder
of Pitkin County a notice of assessment, which shall state.
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the amount of such .assessment and the aforesaid 'interest, .
costs,' and attorneys' fees, the name of the. Owner, a descrip-,
tion of the Owner's interest and the Residence Unit which
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he has an exclusive right to use. Upon payment of said
'assessment 'and charges in connection with which such notice
has been so recorded, 'or other satisfaction thereof, the
Board sha1.l cause to be recorded a further notice stating
the satisfaction and the release of the lien thereof. Unless
soo~er satisfi~d and released or the enforcement thereof
initiated as hereafter provided, such lien shall expire
and b~ of no further force or effect six months from the
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date.of recordation of said notice of assessment; PROVIDED,
HOWEVER, that said six-month period may be' extended by the
Board for not to exceed an additional six months by recording
a written extension thereof. Such lien may be enforced
by sale by the Board, its attorney or other person authorized
by the Board to make the same; such sale to be conducted'
in any manner permitted by law. The Board shall have the
power to' bid in the interest of the Estate of the defaulting
Owner at foreclosure sale and hold, lease, mortgage and
convey the same in the name of the Board of Governors. Copies
o.f any notices under. the foregoing subparagraph shall be
sent, postage prepaid, to all first mortgagees of. affected
real property interests under this Declaration.
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5.3 Nothing herein contained shall prohibit any
one' or more of the Owners from advancing to the BO~7d suffici~nt
~oney to enable the Board to meet. its commitments as herein
described and to make up a deficit arising from the default
of another Owner hereunder. Such advances shall be made
.on such terms and conditions as the Board shall determine
and in no event shall such advances in any way affect the
lien in favor of the Board arising by reason of such delin-
quency as hereinabove provided.
.,: .--:.;.',.. 5.4 Neither Owner, his successor, or',assigns, may
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exempt himself from liability for his contribution towards
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the' common.expenses, as assessed by the Board, by waiver of
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the use and enjoyment of any of the Common Areas, or.by
abandonment of his interest in the property or the Residence
.Unit~which he has an exclusive right to use. .
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VI.' RIGHT OF FIRST REFUS1\L
..:' ..' 6.1 In the event that any Own.er desires to sell his
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interest in the property and receives a bona fide offer to
purchase his interest in the property, such Owner shall.give
wr~tten notice of such proposed sale or assignment to the
other Owner and the Board of Governors, which said notice,
.being a true copy of said offer, shall state the terms and
conditions, purchase price, and the name of the proposed
purchaser or assignee of the proposed sale or assignment.
The said .other Owner shall have a period of thirty (30) days:.
. after the giving of such notice to purchase the interest of .
the' selling Owner upon the terms and conditions and for the.
purchase price as set forth in said notice. If s,aid other.
Owner does'not exercise such right to purchase, the selling
Owner may then sell or assign his interest ~n the property to
.the person and upon the terms and conditions and for the .price
as set forth in said Notice.
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6.2 In no case sha11 the right of ~irst refusal
reserved herein affect the right of an Owner to subject his
interest in the property to a trust deed, mortgage or other
security instrument. The right of first refusal as provided
herein shall extend and run for the lives of,WILLIAM J. GAUDINO
and GREGORY AMES HOLMBECK and their now living descendants,
and the survivor of them, plus twenty-one years.
.
6.3 In the' event of any default on,the part of any
Owner under any first mortgage which entitles the holder
thereof to foreclose same, any sale under such foreclosure,
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including delivery of a deed to the first mortgagee in lieu' .
of such foreclosure, shall be made free and clear of the
provisions'of Article 6.1, and the purchaser, or grantee under'
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such deed in lieu of foreclosure of such interest shall be
thereupon and thereafter subject to the provisions of this"
Declaration. If the purchaser following such foreclosure
sale, or grantee under deed given in lieu of such foreclosure,
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shall be the then holder of the first mortgage, or its nominee,
the said.holder or nominee may thereafter sell and convey the
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interest free and clear of the provisions of Article 6.1, but'
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6.4 Upon written request of any prospective purchaser~ .
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or other interested party, the non-selling Owner shall forth-
with, or where time is specified, at the end of the time, issue'
a w~itten and acknowledged certificate in recordable f~rm,
'~videncing that proper notice \~as given by the selling Owner,
and thatt.he non-selling O\~ner did not elect to exercise his
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right of first refusal to purchase.
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VII. ENFORCEMENT
7.1 The covenants, conditions and restrictions set
,forth in this Declaration constitute a general scheme for
(i) the maintenance, protection and enhancement of value of
the property and the Residence Units contained therein, and
(ii) .the benefit of all Owners. .Said covenants, conditions
and restrictions are imposed on the entire property for the
benefit of the present and future Owners thereof. Said coven-.
ants, conditions and restrictions are and shall'be covenants
running with the land or equitable servitudes,. as the case may
... be.
7.2 The breach of any of the said covenants, conditions
or restrictions may be remedied and enforced by appropriate
legal. proceedings by (i) any owner, (ii) the Board, or (iii) the,
'. .
Mortgagee under any real property mortgage or beneficiary under
any deed of trust given for value, all of whom are hereinafter
collectively referred to as "enforcing person(s)." Damages at.
law for any such breach are hereby declared.to be inadequate.
/
7.3 The result of or condition caused by any viol~tion
of any of said covenants, conditions or restrictions is and
,
shall be a' nuisance, and every remedy in law' or equity now ~r
. hereafter available against a public or private nuisance may
be exercised by any enforcing person.
7.4 The remedies set forth herein for breach of said
covenants, conditions and restrictions shall be cumulative, '.
and.none of said remedies shall be exclusive.
7.5 The failure to enforce any of said covenants,
conditiona or rcatrictiona nha1.1. not. connt.it.ut.e a .,rai"fer of
." ,.
the right to enforce the same thereafter.
7.6 In the event litigation shall be conunenced to
. enforce any of said covenants, conditions or restrictions, .such
enforci~g person, if he prevails' in such litigation, shall be
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'entitled to have judgment for and recover from any def,endant
(other than nominal) in such litigation such attorneys' fees
as the court may adjudge reasonable and proper.
VIII. DAMAGE OR DESTRUCTION OF THE PREMISES
8.1 In the event of damage or destruction due to a
fi~e or other disaster, the insurance proceeds, if sufficient
to reconstruct the damaged Building, sha+l be promptly applied
by the Board of Governors to such reconstruction.'
8.2 If the insurance proceeds are insufficient to
repair 'and reconstruct the damaged Building, the Board oE
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Governors will immediately appoint an independent,appraiser to
determine the percent of the Building which has been destroyed~"
If not more than sixty percent (60%) the Building has been
destroyed, such damage or destruction shall be promptly
repaired and reconstructed by the Board of Governors, using
the proceeds of insurance, and the proceeds of'assessmertts
made against the Owners. The assessment will be a common .
'expense and assessed equally. The assessment provided for
herein shall be a debt of each Owner and may be enforced and
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collected as provided in Article V.
,8.3. If the above-mentioned appraiser determines that
more than sixty percent (60%) of the Building has been destroyed,
and if a'majority of the Board of Governors does not reach an
agreement to reconstruct the premises within ninety (90) days
following delivery of such appraiser's report, th~ property ~.
shall be sold, free and clear of provisions in this Declarati~n,
and the cost will be divided pro-rata among the parties, arid'.
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the 'proceeds of the sale and insurance settlements will be
equitably distributed in the following order:
(a) For payment of the.balance of the lien of
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any first mortgage;
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the remaining portions ,of this Declaration shall, nevertheless;
be ~nd remain in fu~l force and effect.
10.2 Where necessary for proper construction hereof,
the singular number shall include the plural, the plural the
.singular, and the use of any gen<;Ier shall be applicable to all
. genders,.
IN WITNESS WHEREOF, this.Declaration has been duly
r)(_. L~ day of' FI' +-
executed by the Declarants this Co" ~vt<,Y'~.l.-o1 ' ,.
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1975. .
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Declarant:
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WILLIAM
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STATE OF COLORADO )
County of Pi~kin .) SS:
~hisJJ~JJ:
'GAUDINO. .
foregoing instrument
day ~of .Cu'-,y.....v\-
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was acknowledged' before me ";;(';"
1975 b "'ILLIAM" . .J..,y'-t.~t.r.i~1:~~'
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