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HomeMy WebLinkAboutcoa.lu.co.810 Cooper Ave.A14-90 ~ ~ CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: ~2~90 DATE COMPLETE: / /'1:0 PARCEL ID AND CASE NO. 2737-182-28-004 A14-90 STAFF MEMBER: ).... L . PROJECT NAME: Cooper Avenue Grevstones Subdivision Exemption for Condominiumization Project Address: 810 E. Cooper Avenue Legal Address: Lots M. N & O. Block 111 APPLICANT: Harlan "Buzz" Dopkin Applicant Address: P. O. Box 4696 Aspen. CO 81612 5-7488 REPRESENTATIVE: Same Representative Address/Phone: PAID: YES NO AMOUNT:Charqe to NO. Case 1I50A-89 TYPE OF APPLICATION: 1 STEP: OF COPIES RECEIVED: 2 v 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: CC Meeting Date .?!/ 6)-3 PUBLIC HEARING: YES NO YES ~ YES NO Paid: Date: ill VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: REFERRALS : City Attorney X City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: 3//c2/90 INITIALS: Dk ;~----------------------------------------------------------- ~i:~:::'-~::e~:a~-- ~ Housing _ Other: ' FILE STATUS AND LOCATION: rilio e2tJu 't' .>, ~, KlTAOlMENl' 1 JND USE APPLI 00 FCRl: CO(!)pe' t/E G E -roAJE ProjectIoca~ 11/0 - P/cP IE' CbC'PeR. lIE. t!) .0 Lo /1 (iIxlicate street aau:ess, lot & block 1'lUIIber, legal1--:tiption \Ihez:e . . awrcpriate) 3) Present ZoI1inJ R 111 F ' 4) lot size 90)( /00" 51 ~icont.._. ___ ),-... fflRLAA/ 2)OP,k/4~ tiOx. 'k, 9(". c:i.f/,J-AU, Co g 1(;,1.)... Cj,)...r=- 7 tfgJ> / ' Representative's Name, 1\ddress & Iitlone 1# , ,,-, 1) Project Name 2) 6) - ---- 7) Type of 1q:plication (please d1eck all ~t awly): Conditional Use _ 0:Jncept:ual SP~ Final SPA _ 0:Jncept:ual Historic Dev. _ Final Historic Dev. _ Mi1x>r Historic Dev. _ Historic DellDli~ _ Historic Designation _ Gg; AllobJlent - Gg; ExaIption _ Special Review 8040 Greenline _ 0:Jncept:ual roD _ Final roo _ stream Margin McAmtain View Plane SUbdivision . - . - V Condanini '. tian ""'v<- '>K~~ .AmerdDent _ UIIIlZa _ ~~...,.,~ _ lot Split,/IDt Line Adjustment 8) Description of Elc.i.st:in] Uses (l'II-r an:! type of ex::i.st.in] structures; aw=ximate sq. ft.; 1"-..r of WlL~; any previous approvals granted to the property) . ~ /J~ ,r-. L L.l..J e. rJ... EeL) R~. e.-g.tCH. Ce>,A-/1)(). IN /r;?' OJ 1'//'1 :L. E,J( I,) /"/A/ (j- It./Jt..~)< 7-,?L~7 It/&f. 9) DescriP.!=ion of Develq:ment .AR>lication I · 3 4J)D/J/OA/ltL- U/f/lrS, -r-c.v D :;).. 13~ V/2oo I1A. U,{} 1/1' A-Ju D () ;U-t: _ 2).e e D ~ Jr/2 / c 1-eb ~ F /"f.A.-D 1 V Hay,Q-yOO attad1ed the follcYin;J? v _-Response to Att.adllIlent 2, Mini.m.Jm SlIhnk<;ion 0Jntents ~...... Response to Att.adllIlent 3, Specific S>,hn;-ion 0Jntents Response to Attad1ment 4, Review starWrds for YCAIr 1q:plication 10) ,,......, '~....- COLE OUT SUMMARY SHEET FOR COOPER AVENUE SUBDIVISION EXEMPTION - CONDOMINUMIZATION The condominiumization ,Council May 14, 1990. following conditions: 1. Prior to the issuance of a building permit, the applicant shall file deed restriction agreements between the applicant and the City of Aspen (to be approved by the city Attorney) requiring a six month minimum lease, with not more than two shorter tenancies per year. This agreement will be duly recorded in the real estate records of Pitkin County to ensure compliance with the lease restriction and evidences the applicant I s compliance with the minimum lease requirements of the Code. application Ordinance was 29 approved by was adopted the with city the 2. Prior to the issuance of. a Certificate of Occupancy the project shall be subject to a final inspection. 3. Prior to the plat being signed, the applicant must submit storm runoff facilities and design and calculations prepared by a registered engineer to be reviewed by the Engineering Department. 4. Prior to the issuance of a building permit, the dumpster shall be relocated onto the private property as shown on the plat and as was required with previous approvals. 5. The applicant shall grant, and indicate on the plat, a six foot by eight foot transformer easement at the northeast corner of the parcel. 6. Prior to filing the final plat, an inspection of the new driveway shall be conducted by the Engineering Department. 7. The applicant shall agree to join any future improvement dis- tricts which may be formed. ,1"""\ 1"""\ " MEMORANDUM TO: Mayor and Council THRU: Carol O'Dowd, City Manager ~ Amy Margerum, Planning Director~lA~ THRU: FROM: Leslie Lamont, Planner DATE: Greystone Condominiumization New Duplex, Lots N & 0, Second Reading Ordinance 29 May '1.4, 1.990 RE: ================================================================= SUMMARY: The proposal involves the condominiumization of three townhomes being constructed at 81.0 East Cooper Avenue. Pursuant to section 7-1008 of the Land Use Code, condominiumization shall be reviewed and approved as a subdivision exemption by the City Council. This is the second reading of Ordinance 29. APPLICANT: Harlan "Buzz" Dopkin LOCATION: 81.0 E Cooper Avenue, Lots N & 0, Block 1.1.1. ,ZONING: RMF COUNCIL GOALS: This application complies with Goal 1.4: to develop a consistent and fair government so that citizens know what to expect form elected officials, employees and government processes. PREVIOUS COUNCIL ACTION: The applicant has already developed a duplex on the site receiving condominiumization approval for those two units. At the December 1.8, 1.989 meeting, Council granted residential development allotments for the development of two more units on the parcel and the inclusions of a deed restricted unit. At the April 23, 1990 first reading. condominiumization of restricted unit. meeting, Council adopted Ordinance 29 on The applicant also requested the all three units to include the deed BACKGROUND: The applicant has constructed two townhomes on the site as an allowed use. condominiumization of those two units soon followed. The applicant competed for an additional two residential units for the same parcel. At the end of 1989, Buzz received an allocation for two uni ts. As a condi tion of approval, Council required the provision of an on-site deed restricted low-income studio unit which is included within the .~ ~, condominiumization application. PROBLEM DISCUSSION: section 7-1008 A. allows exemption for the condominiumization of residential The review criteria for a condominiumization are as a subdivision units. follows: a. Existing tenants must be notified that the units are for sale. There are no existing tenants as this is a newly constructed building. '- b. Minimum lease period restricted to six month minimum leases, with no more than two shorter tenancies per year. According to the application" the Cooper Avenue Greystones, Lots Nand 0 will be restricted by agreement between the applicant and the city of Aspen to six month minimum lease, with not more than tW0 shorter tenancies per year. This agreement will be duly recorded in ,the real estate records of Pitkin County to ensure compliance with the lease restriction and evidences the applicant I s compliance wi th the minimum lease requirements of the Code as required by section 7-1008 (B) (2) (c) (2). c. Affordable Housing Impact Fee. The applicant is exempt from the impact fee as the development was pursuant to a Growth Management Allocation and a deed restricted unit is provided on- site. d. Inspection of the proposed condominium by the Building Department. Throughout the construction process the building will be inspected by the Building Department. The project will be subject to a final inspection pursuant to the issuance of a Certificate of Occupancy. The Engineering Department has reviewed the application, please see attached referral comments from the Engineering Department. RECOMMENDATION: Staff recommends approval of the condominiumization for the three residential units at 810 Cooper Avenue with the following conditions: 1. Prior to the issuance of a building permit, the applicant shall file deed restrictions agreement between the applicant and the City of Aspen (to be approved by the City Attorney) to six month minimum lease, with'not more than two shorter tenancies per year. This agreement will be duly recorded in the real estate records of pitkin County to ensure compliance with the lease restriction and evidences the applicant's compliance with the minimum lease requirements of the Code. 2. Prior to the issuance of a Certificate of Occupancy the project shall be subject to a final inspection. 3. Prior to the plat being signed, the applicant must submit 2 ~ r'\ MEMORANDUM TO: Mayor and Council THRU: Bill Efting, Acting City Manager FROM: May Margerum and Leslie Lamont, Planning Greystone Condominiulllization New Duplex, Lots N & 0, and First Reading Ordinance RE: DATE: April 23, 1990 ----------------------------------------------------------------- ------------------------------~---------------------------------- SUMMARY: The proposal involves the condominiumization of two townhomes being constructed at 810 East Cooper Avenue. Pursuant to section 7-1008 of the Land Use Code, condominiumization shall be reviewed and approved as a subdivision exemption by the City Council. This is the first reading of Ordinance APPLICANT: Harlan "Buzz" Dopkin LOCATION: 810 E cooper Avenue, Lots N & 0, Block 111 ZONING: RMF COUNCIL GoALS: This application complies with Goal 14: to develop a consistent and fair government so that citizens know what to expect form elected officials, employees and government processes. PREVIOUS COUNCIL ACTION: The applicant has already developed a duplex on the site receiving condominiumization approval for those two ,units. At the December 18, 1989 development allotments for the parcel. BACKGROUND: The applicant has constructed two townhomes on the site as an allowed use. Condominiumization of those two units soon followed. The applicant competed for an additional two residential units for the same parcel. At the end of 1989, Buzz received an allocation for two units. As a condition of approval, Council required the provision of an on-site deed restricted low-income studio unit. meeting, Council granted residential the development of two more units on , PROBLEM DISCUSSION: Section 7-1008 A. allows exemption for the condominiumization of residential The review criteria for a condominiumization are as a subdivision units. follows: a. Existing tenants must be notified that the units are for sale. There are no existing tenants as this is a newly constructed ~ ,-., building. b. Minimum lease period restrict~d to six month m~n~mum leases, with no more than two shorter tenancies per year. According to the application, the Cooper Avenue Greystones, Lots Nand 0 will be restricted by agreement between the applicant and the City of Aspen to six month minimum lease, with not more than two shorter tenancies per year. This agreement will be duly recorded in the real estate records of Pitkin County to ensure compliance with the lease restriction and evidences the applicant's compliance wi th the minimum lease requirements of the Code as required by section 7-1008 (B)(2)(c)(2). c. Affordable Housing Impact Fee. The applicant is exempt from the impact fee as the development was pursuant to a Growth Management Allocation and a deed restricted unit is provided on- site. d. Inspection of the proposed condominium by the Building Department. Throughout the construction process the building will be inspected by the Building Department. The project will be subject to a final inspection pursuant to the issuance of a Certificate of Occupancy. The Engineering Department has reviewed the application, please see attached referral comments from the Engineering Department. REcoMMENDATION: condominiumization with the following Staff recommends approval of the for the two townhomes at 810 Cooper Avenue conditions: 1. Prior to the issuance of a building permit, the applicant shall file deed restrictions to be approved and recorded, with the Hou,sing' Authority, providing six month minimum leases with not more than two shorter tenancies per year. 2. Prior to the' issuance of a Certificate of occupancy the project shall be subject to a final inspection. 3. Prior to the plat being signed, the applicant must submit storm runoff facilities and design and calculations prepared by a registered engineer to be reviewed by the Engineering Department. 4. The applicant shall provide, and indicate on the plat, a four foot by four foot utility pedestal easement at the northwest corner of the property. 5. Prior to the issuance of a ,building permit, the dumpster shall be relocated onto the private pro~erty as shown on the plat and as was required with previous approvals. 6. The applicant shall grant, and indicate on the plat, a six 2 ,1*'1. ~ foot by eight foot transformer easement at the northeast corner of the parcel. 7. Prior to filing the final plat, an inspection of the new driveway shall be conducted by the Engineering Department. 8. The applicant shall agree to join any future improvement dis- tricts. PROPOSED MOTION: I move to read Ordinance No._, series of 1990. I move to adopt Ordinance No. ___ on first reading with conditions as outlined in the Planning Department memo. CITY MANAGER COMMENTS: Attachments: Ordinance No. Engineering Referral Comments grey.cc 3 - ,-., ,,,,",,, ATTACHMENT B - Referral Comments Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. storm runoff requirements of section 24-7-1004C.4.f must be met. The applicant must submit ,storm runoff facilities and design and calculations prepared by a registered engineer prior to the plat being signed. . 2. The owner I sand title certificates appear to have a minor legal discrepancy. The applicant reportedly no longer owns the portion of the property on which the current structure is located. If this is not the case, then we request a four foot by four foot utility pedestal easement at the northwest corner of the property. If the applicant has a legal tie with the existing condominium structure, the approval should be conditioned on remoy,j,ng the trash dumpster from the alley. The dumpster is not located as shown on the plat, and a fence has been constructed which blocks locating the dumpster on the private property as sh.own on the plat and as was required with previous approvals. 3. It is recommended that approval of this application be conditioned upon the applicant agreeing to convey a six foot by eight foot transformer easement at the northeast corner of the parcel. This would be indicated on the current plat amendment. The zone district is also required to be indicated on the plat. 4. The applicant is reminded that duplication of the existing driveway is not permitted for the next structure, and that any work which might need to be performed in the public right-of-way requires an excavation permit prior to the work, .obtainable from the city street superintendent. 5. The applicant shall agree to join any future improvement dis- tricts which may be formed for the' purpose of constructing improvements in the public right-of-~ay using language currently available from the city attorney's office. '" f'o. ,"-;' MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer dt{2- Date: April 11, 1990 Re: Cooper Avenue Greystones Condominiumization Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. storm runoff requirements of Section 24-7-l004C.4.f must be met. The applicant must submit storm runoff facilities and design and calculations prepared by a ~egistered engineer prior to the plat being signed. 2. The owner's and title certificates appear to have a minor legal discrepancy. The applicant reportedly no longer owns the portion of the property on whIch the current structure is located. If this is not the case, then we request a four foot by four foot utility, pedestal easement at the northwest corner of the property. If the applicant has a legal tie with the existing condominium structure, the approval should be conditioned on removing the trash dumpster from the alley. The dumpster is not located as shown on theplatl'and a fence has been constructed which blocks locating the dumpster on the private property as shown on the plat and as was required with previous approvals. 3. It is recommended that approval of this application be conditioned upon the applicant agreeing to convey a six foot by eight foot transformer easement at the northeast corner of the parcel. This would be indicated on the current plat amendment. The zone district is also required to be indicated on the plat. 4. The applicant is reminded that duplication of the existing driveway is not permitted for the next structure and that any work which might need to be performed in the public right-of-way requires an excavation permit prior to the work, obtainable from the city street superintendent. 5. The applicant shall, agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the city attorney's office. cc: Bob Gish, Public Works Director memo_90.62 ,~ ,-, HOLLAND & HART ATTORNEYS AT LAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON, D.C. 600 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 TELECOPIER (303) 925-9367 February 28, 1990 THOMAS]. TODD Ms. Leslie LaMont Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 MAR'. Re: Cooper Avenue Greystones Condominiums Dear Leslie: This law firm represents two Canadian corporations, 312009 Ontario, Ltd. and 757253 ontario, Ltd. These corporations own condominium units 810 and 812, respectively, of the Cooper Avenue Greystone Condominiums. We understand that Buzz Dopkin, the developer of the Cooper Avenue Greystones Condominiums project, is in the process of submitting development plans for the construction of two additional condominium units located adjacent to and directly east of our clients' condominium units. To the extent possible, I would appreciate your placing me on the mailing list for notices associated with hearings, meetings or correspondence connected with this project. Thank you very much. ~trUlY ;;f Thomas? Todd for Holland & Hart TJT/pal cc: Mr. Herb Frieberg Mr. Jerry Sprackman #32500r'jS/06/90 :l3: 45 Rec $10. 00 ~ 626 PG ,_Silvia Davis,---Pitl,':in c:;r:'.t:x---..0~E1r'k, Doc $.00 591 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION OF COOPER AVENUE GREYSTONE CONDOMINIUMS LOTS N.N & O. BLOCK 111. ASPEN TOWNSITE WHEREAS, HARLAN DOPKIN (hereinafter "Applicant") is the owner of Lots M, N, & 0, Block 111, commonly known as Cooper Greystones as recorded in Book 565, Page 601 of the real property records of the pitkin County Recorder, Aspen, Colorado; and WHEREAS, the foregoing described real property contains three 'approved residential units; and WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumization of the three units on the subject property to be known as Coop,er Avenue Greystone Condominiums; and WHEREAS, the City council determined at its regular meeting held May 14, 1990,' that such exception was appropriate and granted the same subject, however, to certain conditions as set forth below. NOW, THEREFORE, the city Council of Aspen, Colorado, does hereby determine that the Application for the Exception from Full Subdivision Process for the Purpose of Condominiumization of the above-described property is proper, and hereby grants an exception from the full SUbdivision process for such condominiumization subject to the following conditions: 1. Prior to the issuance of a building permit, the applicant shall record deed restrictions for the benefit of the City of Aspen and as approved by the Aspen/Pitkin county Housing Authori~y and which shall require that any lease for the subject condoluiniums be for a term of not less than six (6) months, except that two (2) shorter lease terms shall be permitted per unit per year. 2. Prior to the issuance of a Certificate of Occupancy the project shall be subject to a final inspection. 3. Prior to the plat being signed, the applicant must submit storm runoff facilities and design and calculations prepared by a registered engineer to be reviewed by the Engineering Department. 4. Prior to the issuance of a building permit, the dumpster shall be relocated onto the private property as shown on the plat and as was required with previous approvals. 5. The applicant shall grant, and indicate on the plat, a six foot by eight foot transformer easement at the northeast corner of the parcel. 6. prior to filing the final plat, an inspection of the new #~07 08/06/90 13:45 Rec $i~O BK 626 PG 592 , SL ,i.a Davis, Pitkin Cnt.y Clerk, Doc $.00 "~__'_"'__'_"____'____"'____'m"_____,,_,___"~"_____~__,____.,._.__~.__._~~__~_____._~_____.__ driveway shall be conducted by the Engineering Department. APPROVED' AS TO FORM: -- ~w1,~ . City Attorney any future improvement dis- CITY OF ASPEN, a Colorado municipal ~orporat~ bY~~ wi liam L. Stirling, Mayor I, Kathryn S. Koch, do certify ,that the foregoing Statement of exception from the Full Subdivision Process for the Purpose of Condominiumization tor cooper Avenue Greystone Condominiums, was considered and approved by the Aspen City Council at its regular meeting held Monday May 14, 1990, at which time the Mayor was authorized to execute the sam on behalf of the City of Aspen. 2 ", / , " ;~ *32500808/06/90 13:51 Rec $55.0v BK 626 PG 593 , Silvia_ Davis, !,itkin_Cnty Cl.er-k, Doc: $.00 CONDOMINIUM DECLARATION ii FOR COOPER AVENUE GREYSTONE CONDOMINIUMS (A Condominium) (amended as of 8/3/90) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Harlan Dapkin, Hereinafter called "Declarant," is the owner of the following described real property situated in the Cit of Aspen, County of Pitkin, State of Colorado, to wit: A parcel of land Lots M, N & 0, Block 111, City of Aspen. Said parcel is more fully described by reference to the Condominium Plat Map. WHEREAS, the above described property is presently developed with the following improvements, to wit: A two story brick five- p1ex residence containing five separate townhouse apartments. Known as 810, 812, 814, 816, 818 E. Cooper Avenue. Unit 818 being a deed restricted studio unit controlled by all rules and regulations of the Pitkin County Housing Authority. WHEREAS, Declarant desires to create a condominium project on said property under the Condominium Ownership Act of the State of Colorado, and to establish thereby a plan for the ownership in fee simple of real property estates consisting of the area or ipace contained in each of the "Units" as hereinafter defined, and the ownership by one or more of the individual and separate owners thereof, as tenants in common, of all of the remaining real property hereinafter defined and referred to as the "Common Elements." NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, be deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: (a) "Unit" means the individual air space contained within the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and built-in fireplaces, if any, of each of the apartments located in the five-plex situated on the real property described above, together with all fixtures and improvements therein contained, but not including any of the structural components of such building, if a,ny, within a Unit contained therein, which Units are shown on the Condominium Map and identified thereon by the letters numbers 810 and 812. (b) "Condominium Unit" means a Unit together with the undivided interests in the Common Elements appurtenant to such Unit. (c) "Owner" means the person or persons or entity or entities, including Declarant, who own fee simple title to a Condominium Unit. The term Owner shall not include the owner or owners of any lesser estate or interest. ld) "Mortqaqe" means any security instrument by which a thereof is encumbered. i mortgage, deed of ' trust, or other Condominium Unit or any part 1 ,.'. , 'F32500~ 08/06/90 13,51 ReG $55. O(~ Silvia Davis, Pitkin Cnty Clerk, ~~C 626 PG 394 $.00 (e) "Mortgagee" means any person or entity named as the mortgagee or beneficiary under any mortgage which encumbers the interest of any Owner. . (f) "Condominium Map" means the Condominium Map for Cooper Avenue Greystone Condominiums filed or to be filed in the records in the office of the Clerk and Recorder of Pitkin County, Colorado. (g) "Common Elements" means: (i) all of the Real Property; (ii) the foundations, columns, girders, beams, supports, main wall,s roofs and crawlspaces contained in each of the building improvements which are the subject of this Declaration, and the "party wall" dividing Units 810 and 812 as shown on the condominium Map; (iii) the installations in such buildings consisting of the equipment and materials making up the central services such as tanks, pumps, motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air conditioning and, in general, all apparatus and installations existing for common use; and (iv) all other parts of the five-plex and of the above described real property necessary or convenient to its existence, maintenance and safety or normally in common use. (h) "General Common Elements" means all Common Elements except Limited Common Elements, as hereinafter defined. (i) "Limited Common Elements" means any portion of the Common Elements designated herein for the exclusive use of the Owner or Owners of a Condominium Unit or Units as shown on Plat Map. (j) "Real Property" means: A parcel of land. Said parcel is more fully described by reference to the Condominium Plat Map. (k) "Proiect" means the Real Property and all buildings and other improvements now or hereafter located on the Real Property, and all rights, easements and appurtenances belonging thereto. (1) "Managing Agent" means the person or entity which shall be selected and appointed by the Owners of the Condominium Units pursuant to the provisions of Paragraph 12 of this Declaration. 2. DIVISION INTO CONDOMINIUM UNITS. This Project is hereby divided into Condominium Units, each consisting of a separate fee simple estate ina particular Unit and the following described appurtenant undivided fee simple interests in the Common Elements: (a) Real Property Common Elements: 810 25% 812 25% 814 24% 816 24% 818 2% (b) Five-plex Common Elements: 810 25% 812 25% 814 24% 816 24% 818 2% 2 ! " " I' ,..-, #325008 08/06/90 13,51 Rec $55.0v SK o2o.PG 595 ,Si 1 vi a D,=-vi S'__!"~.l::!~~r~_CTlty_~:l_=F'k 'i_r:oc -"':~':..,____j ,-._,~._._,..~ " " Each owner shall own his appurtenant undivided interests in the Common Elements as a tenant in common with the Owner or Owners also owning an interest in such Common Elements. 3. INSEPARABILITY OF A UNIT. Each Unit and the undivided interests in the Common Elements appurtenant thereto shall be inseparable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit. 4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage, trust deed, will, or other instrument may legally describe Condominium Unit by its identifying Unit number, followed by the words "Cooper Avenue Greystone Condpminiums" with further reference to the recorded Declaration and Map.. Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit but also the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include the right to the use of the Limited Common Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the same. 5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO ASSESSOR. Declarant shall give written notice to the assessor of Pitkin County, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxation. 6. TITLE. A Condominium Unit maybe held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under the laws of Colorado. '7. NONPARTITIONABILITY OF COMMON ELEMENTS. The Common Elements shall be owned in common by the Owners as hereinafter provided, and there shall be no judicial or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. 8. USE OF UNITS: GENERAL AND LIMITED COMMON ELEMENTS. Each Owner shall be entitled to exclusive ownership and possession of, his Uni t. Each Owner may use the General and Limited Common Elements in aCcordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. 9. USE AND OCCUPANCY. Each Condominium Unit shall be used and occupied for residential purposes only, and except as provided in this Paragraph, no trade or business of any kind may be carried on therein. Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 10. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common Elements now or hereafter encroaches upon a Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exists. If any portion of a Unit now or hereafter encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. For title or other purposes, such encroachment and easements shall not be considered or determined to be encumbrances either on Common Elements or the Units. 11. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of the Owner thereof or his agent or his contractor or subcontractor 3 ':',', ':':'~\"i ':":"" >~:;',"'::';;.;,::,-<: ", "~:':" ',,:(;,,9);:;"' ~ #325008 08/06/90 13,51 Rec $55, .) Sf< 626 PGS96 Si. l"i al)!'l_"i. s, Pi ~jd~C;F1i:.)I_Cl e:r:k_,,--_D.:'r:.~.OO _____j shall be the basis for the filing of a lien against the Unit of any other Owner not expressly consenting to or requesting the same, or against the interests in the Common Elements owned by such other Owners. Each Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's Unit at such Owner's request. 12. ADMINISTRATION AND MANAGEMENT. Each Owner shall manage his own Unit, unless a majority of Owners of all units agree upon the appointment of a Managing Agent to administer all such Units. Notices of Appointments of the Managing Agent by the Owners of all units hereunder shall be placed on record by the Manager insofar as required by law or practice. Until changed by a majority of Owners, the Managing Agent of such Units shall be Buzz Dopkin. 13. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND EMERGENCIES. The Owners shall have the irrevocable right to have access to each Unit from time to time during reasonable hours as may be necessary for the inspection, maintenance, repair or replacement of any of the General Common Elements thereon or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the General or Limited Common Elements or to another Unit or Units. Damage to the interior of any part of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the General Common Elements or as a result of emergency repairs within a Unit at the instance of another Unit Owner shall be a Common Expense of all of the Owners of Units having an interest in such General Common Elements; provided, however, that if such damage is the result of the negligence of a Unit Owner, then such Unit Owner shall be responsible for all of such damage. 14. OWNERS' MAINTENANCE RESPONSIBILITY. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be responsible for the exterior surfaces of such Owner's Unit and the Limited Common Elements assigned thereto, and the windows, doors, interior nonsupporting walls, materials, ceilings and floors within the Unit. An Owner shall not be deemed to own any utilities running through his Unit which server more than one Unit except as a tenant in common with the adjoining Unit Owner. Such obligation and/or right to repair, alter and remodel shall carry the obligation to replace any finishing materials of equal or better quality, and to maintain the Limited Common Elements in a neat and clean condition. Any materials alteration, remodeling or refinishing of any unit interior shall require the prior mutual written consent and approval of 80% of the Owners of the entire project. An Owner shall maintain and keep the interior of his own Unit and the Limited Common Elements appurtenant thereto in good taste and repair, including the fixtures thereof. All fixture and equipment installed within the Unit commencing at a point where the utility lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as ("utilities") enter the Unit shall be maintained and kept in repair by the Owner thereof. As previously stated in the contract of sale, absolutely no remodeling or construction activities affecting the exterior of the property shall be permitted without the prior written consent and approval of all Cooper Avenue Greystone unit owners and Buzz Dopkin, designer and builder of project. 15. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Owner shall comply strictly with the provisions of th~s Declaration as the same may be lawfully amended form time to time. Failure so to comply shall be grounds for an action to recover sums due an;d for damages or injunctive relief or both, maintainable by the Managing Agent (where appropriate) or by an aggrieved Owner or Owners. 4 -~ #:325008 08/06/90 13: 51 Rec: $55.00 Bf( 626 PG 597 Sil.via Davis, P:i.tkin Cnty'__Cl_=",-",:.'~_.DO<::_..!:_~~_~_ '-----"_._--~------ _._.._-~<-~_.-'---- 16. REVOCATION OR AM~NDMENT TO DECLARATION. This Declaration shall not be revoked nor shall any of the provisions herein be amended unless 80% of the Owners, and covering or affecting any or all Condominium Units consent and agree to such revocation or amendment by instrument(s) which shall be duly recorded. 17. ALL ASSESSMENT FOR UNITS COMMON EXPENSE. The Owners of Units shall be obl1gated to pay the assessments imposed by the Managing Agent to meet the Common Expenses incurred in connection with such Units. Except for Limited Common Elements liability insurance premiums, the assessments shall be made pro rate according to each Owner's fractional interest in and to the five- plex Common Elements. Assessments for the estimated Common Expenses, including all insurance except the aforesaid liability, shall be due quarterly in advance on the first days of January, April, July, and october. The Managing Agent or other Owner incurring the cost shall prepare and deliver or mail to each Owner an itemized statement showing the various estimated or actual expenses for which the assessments are made. Contribution for quarterly assessments shall be pro-rated if the ownership of a Condominium Unit commences on a day other than the first day of a calendar quarter. Percentage of common expenses shall be as follows: 81-0 25% 812 25% 814 24% 816 24% 818 2% Assessments for reasonable actual Common Expenses may be made, by the Managing Agent, or an Owner incurring the same among other things, for the following: Expenses of management; taxes and special assessments, until separately assessed; fire insurance with extended coverage and vandalism and malicious mischief insurance with endorsements attached issued in the amount of the maxi.mum replacement value of all uni.ts, casualty and other insurance premiums; landscaping and care of General Common Elements; common electrical, water, gas and sewer charges unless and until any or all of the above are separately metered; repairs and renovations; garbage collections; wages; legal and accounting fees; management fees; expenses and liabilities incurred by the Managing Agent or other Owner under or by reason of this Declaration; the payment of any deficit remaining from a previous period; the creation of a reasonable contingency or other reserve or surplus fund as well as other costs and expenses relating to the appurtenant Common Elements. The omission or failure of the Managing Agent to fix the assessment for any quarter shall not be deemed a waiver, modification or a release of the subject Owners from their obligation to pay. 18. INSURANCE. One policy of public liability insurance covering all of the General Common Elements shall be purchased and maintained in effect at all times by the Owners of all of the Condominium Units, in an amount deemed appropriate by such Owners, and the cost thereof shall be shared in accordance with such Owners' respective undivided interests in the Real Property COmmon Elements. Fire, casualty and extended coverage insurance, on the other hand, shall be the sole responsibility of the Owners of all Units. Insurantte coverage on the furnishings, additions and improvements incorporated into a Unit and all time of personal property belonging to an Owner, and casualty and public liability insurance coverage within each undivided Unit and those Limited Common Elements reserved for the exclusive use of a particular Unit Owner shall be the sole responsibility of the Owner thereof. 19. OWNERS' PERSONAL OBLIGATION FOR PAYMENT OF ASSESSMENTS. The amount of the Common Expenses assessed against or incurred on account of all Units shall be the personal and individual debt of the Owner thereof. Suit to recover a money judgment for unpaid Common Expenses shall be 5 (....\ #325008 08/06/90 13:51 Rec: $55.00 13K ..26 PG 599 Silvia Davis, Pitkin Cnty Clerk, Doc '.00 , '--.-~---_....-~-----'----~----'-~-'-'.'----"--'-'----"--,_._------,_._-_.-.._~_..__...,.- maintainable by the Managing Agent, or any aggrieved Owner without foreclosure or waiving the lien securing same. No Owner may exempt himself from liabil i ty for his contribution towards the Common Expenses by Waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. 20. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums due or unpaid for the share of Common Expenses chargeable to Condominium Units 810 through 818 including interest thereon at twel ve percenter per annum, shall ,constitute alien on such Unit superior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens on the Unit in favor of any assessing entity; and (b) All sums unpaid on a first mortgage or first deed of trust or record, including all unpaid obligatory sums as may be provided by such encumbrance, including additional advance, refinance or extension of these obligations made thereon prior to the arising of such a lien. To evidence such lien, the aggrieved Owner or Managing Agent may, but shall not be required to, p,repare a written notice setting forth the amount of such unpaid indebtedness, the name of the defaulting Owner of the Condominium Unit and a description of the condominium Unit. Such a notice shall be signed by the aggrieved Owner or the managing Agent, as appropriate, and may be recorded in the office of the Clerk and Recorder of the County of Pitkin, State of Colorado. Such lien for the Common Expenses shall attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on ,the defaulting Owner's Condominium Unit by the aggrieved Owner or the Managing Agent in like manner as a mortgage or deed of trust on real property upon recording of a notice of claim thereo~. In any such foreclosure the defaulting Owner shall be required, to pay the costs and expenses of such proceedings, the costs and expenses for filling the notice or claim of lien and all reasonable attorneys' fees. The defaulting Owner shall also be required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall have the power to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Any encumbrancer holding a licence on Condominium Units 810 through 818 may pay any unpaid Common ,Expense payable with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid of the same priority as the lien of his encumbrance. 21. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF CONDOMINIUM UNIT. Upon payment of a reasonable fee not to exceed ten dollars and upon the written request of any Owner or any Mortgagee or prospective Mortgagee of Condominium Units 810 through 818, the Managing Agent ~r the Owner of the five-plex unit shall issue a written statement setting forth the amount of the unpaid Common Expenses, if any, with respect to the subject Unit. the amount of the current quarterly assessment and the date such assessment becomes due, credit for advance payments or for prepaid items, including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness is complied with within ten days, all unpaid Common Expenses which become due prior to the date of making such request shall be subordinate to the lien of the person requesting such statement. The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the 6 J _\......_"1___ --- - - ,-" #325008 08/06/90 13,5J., Rec$55. o~ BK 626 PG.600 ,_Si_l_".i~I?a"~E;~~'L!I<-.i_n_<:.n t Y_El~l"1<~_Dc:>c:.__!' 0('_._____, (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Attorneys- in-Fact to such reconstruction, and the improvements shall be promptly repaired and reconstructed. The Attorney-in-Fact shall have full authority, right and power, as Attorney-in-Fact, to cause the repair and restoration of the improvements. (b) If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Attorney-in- Fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Unit 810 through 818 Owners and their Condominium Units. Such deficiency assessments shall be a Common Expense and made pro rata according to each Owner's fractional interest in the five-plex Common Elements, and shall be due and payable within thirty days after written notice thereof. The Attorney-in-Fact shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each Owner and a lien on his Condominium Unit and may be enforced and collected as is provided in Paragraph 20. In addition thereto, sell the Condominium Unit of any Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Attorney-in-Fact shall cause to be recorded a notice that the Condominium Unit of the delinquent Owner shall be sold by the Attorney-in-Fact. The proceeds derived from the sale of such Condominium Unit shall be used and disbursed by the Attorney-in- Fact, in the following order: (1) For payment of the balance of the lien of any first mortgage; (2) For payment of taxes and special assessment liens in favor of any assessing entit~: (3) For payment of unpaid Common Expenses; (4) For payment of junior liens and encumbrances in the order of and to the extent of their priority; and (5) The balance remaining, if any, shall be paid to the Condominium Unit Owner. (e) The Owner of one of such Units may give notice to the other Unit Owners that Units 810 through 818 are obsolete and that the same should be renewed or reconstructed. If Owners agree, then the expense thereof shall be payable by all of the Owners as Common Expenses; provided, however, that any Owner not in agreement to such renewal or construction may give written notice to the Attorney-in-Fact that such Unit shall be purchased by the Attorney-in-Fact for the fair market value thereof. If such Owner and the Attorney-in-Fact can agree on the fair market value thereof, then such sale shall be consummated within thirty days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be the "commencing date" from which all periods of time mentioned herein shall be measured. Within the days following the commencing date, each party shall nominate in writing, and give notice of such nomination to the other party, an appraiser who shall be a duly qualified appraiser or a realtor and be qualified to make appraisals of condominium and similar property in Pitkin County, Colorado. If either party fails to make such a nomination, the appraiser nominated shall, 8 .' #325008 08/06/90, 13: 51 F(ec: $55.00 Sf( 626 PG 601 . 8i 1 vi~"p.~w~ s'_l"i!-.ki n__c::nty Cl erk, Doc $.00 .,--~--~._.~_.._-,.~".._----- within five days after default by the other party, appoint and associate with him another similarly qualified appraiser. If the two appraisers designat.ed by t.he parties, or selected pursuant hereto in the event of the default of one party, are unable to agree, they shall appoint another similarly qualified appraiser to be arbitrator between them. The decision of the appraisers as to the fair market value shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Attorney-in-Fact and the Owner. The sale shall be consummated within fifteen days thereafter, and the Attorney-in- Fact shall disburse such p,roceeds as is provided in subparagraph (b) (1) through (5) of this paragraph. ' (d) Owners of Units 810 through 818 may agree that Uni.ts 810 through 818 are obsolete and that the same should be sold. Such agreement must have the unanimous approval of every Mortgagee. In suc:h inst.ance, t.he Attorney-in-Fact sha I 1 forthwi.th record a notice setting forth such fact or facts, and upon the recording of such notice by the Attorney-in-Fact, Condominium units 810 through 818 shall be sold by the Attorney- in-Fact for all of the Owners, subject to all of the provisions contained in this Dec:laration and the Map. The sales proceeds shall be apportioned among the affected Owners on the basis of each Owners I fractional int.erest in the five-plex Common Elements, and such apportioned proceeds shall be paid into separate accounts representing each such Condominium Unit. Each such account shall be in the name of the Attorney-in-Fact, and shall be further identified by the letter of the Vnit and the name of the Owner. From each separate account, the Attorney~in- Fact shall use and disburse the total amount of such accounts, without contribution from one account to another, for the same purpose and in the same order as provided in subparagraph (b) (1) through (5) of this paragraph. 24. ATTORNEY-TN-FACT TN CASE OF CONDEMNATION. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney-in-Fact to deal with th~ Project in the event of its complete or partial condemnation. Title to all of the condominium Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute appoint of the Attorney-in-Fact herein provided. Declarant hereby appoints Richard Orman his true and 1 awful attorney in bis name, place and stead for the purpose of dealing with the Project upon its condemnation as is hereinafter provided. Sa ,i d Attorney- in-Fact may be c:hanged at any t.ime by the Owners having a majority of the percentage interests in the Real Property Common Element.s, suc:h change only to be effective upon the recording of a, notice designating the new Attorney-in- Fact under t.his Paragraph 24 in Pitkin County, Colorado, real property records. Said Attorney-in-Fact shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the ,interest of a Condominium Unit Owner which are necessary or appropriate to the exercise of the powers herein granted. (a) Conse9uences of Condemnation. Tf at any time or times during the contJ.nuance of the Condominium Ownership pursuant to this Dec:laration, all or any part of the projec:t shall be taken or condemned, by a public authority or .sold or ot,herwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. (1) Proceeds. All compensation, damages or other proceeds t.herefrom, tbe sum of which is hereinafter cal led the "Condemnation Aware," shal1 be payable to the Attorney-in-Fact.. (2) Com~lete Taking. Tn the event that the entire proJect is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance 9 , " .... ~. .. #325008 08/06/90 13,51 Rae $55.00 BK 626 P6 602 ~! 1 v!_,:_~D<t\_vi S;!n!~~!~I1__c::.':'t)'c::L='::f< ~_DQC: $.00 ~ -~----~---_/ thereof, the Condominium Ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned among the Owners on the basis ot each Owner's fractional interest in the Real Property Common Elements, provided that if a standard different from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree, or otherwise, then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principal set forth in the last preceding subparagraph, the Attorney-in-Fact shall as soon as practicable determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practicable in the same manner provided in Paragraph 23(0.). (3) Partial Taking. In the event that less than the entire Project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practicable the Attorney- in-Fact shall, reasonably and in good faith, allocate the Condemnation Award between compensation, damages or other proceeds, and shall apportion the amounts so allocated among the Owners, as follows: (a) the total amount allocated to taking of or injury tq the General Common Elements, (b) the total amount allocated to severance damages shall be apportioned to those Condominium Units which were not taken or condemned, (c) the respective amounts allocated to the taking of or injury to a particular Unit and/or improvements an Owner had made within his own Unit shall be apportioned to the particular Unit involved, and (d) the total amount allocated to consequential damages and any other takings of injuries shall be apportioned as the Attorney-in-Fact determines to be equitable in the circumstances. If an allocation of the Condemnation Award is already eStablished in negotiation, judicial decree or otherwise, then in allocating the Condemnation Award the Attorney-in-Fact shall employ such allocation to the extent it is relevant and applicable. Distribution of apportioned proceedS shall be disbursed as soon as practicable in the same manner provided in Paragraph 23(0.). (4) Reorganization. In the event a partial taking results in the taking of a Complete Unit, the Owner thereof automatically shall cease to be an Owner under this Declaration. . (5) Reconstruction and Repair. Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in Paragraph 23 hereof, in which case such paragraph shall be construed to apply to both Condominium Units. 25. MAILING OF NOTIC~S. Each Owner shall register his mailing address with the other owne~and all notices or demands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices or demands intended to be served upon the Owners shall be given by registered or certified mail, postage prepaid, to the registered address thereof. All notices or demands to be served on Mortgagees pursuant hereto shall be sent by either registered 10 . "",'" >,'".....' ::'t;,~:t,\;~;~:'~';'~:,. ~. .,':". .'..',..:......, ."- .' . ,," #325008 08/06/90 13:51 Rec $55.00 BK 626 PG 603 Silvia Davis.~-"':'.:t:hn Cn'i;:y CleF'k, Doc $.0')_____ on Mortgagees pursuant hereto shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the Owners in writing. Unless the Mortgagee so furnishes such address, the Mortgagee shall be entitled to receive none of the notices provided for in this Declaration. Any notice referred to in this Section shall be deemed given when deposited in the United States mail in the form provided for in this Section. 26. PERIOD OF CONDOMINIUM OWNERSHIP. This separate condominium estates created by this Declaration and the Condominium Map shall continue until this Declaration is revoked in the manner and as is provided in Paragraph 16 of this Declaration or until terminated in the manner and as is provided in Paragraph 24 of this Declaration. 27. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Oeclaration. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the state of Colorado and to all other provisions of law. (c) Whenever used herein, unless the context shall otherwise provide, the singular numb hal' elude the plural, the plural the singular, and the u a gen al all include all genders. IN WITNESS WHEREOF, Dee Declaration this da this . STATE OF COLORADO ) ) ) SS. County of Pitkin ."t'~""'ft 1i'''''rorO~w 11 ..,..'.......... ";;,~':,',-'~ Y:.\:;;2:j,;;.;~ig"J,,:,s., ,~~,;5"13Nx;\; ',- r-., ,-, ,:::> co ("') o N C":' c::o en - BOOK 614 PAGE943 ., .., C tIC (1\). :;:: ~c :!.i: >% ~o <J> z <a:) ....... >< t-~ "- ~HIS AGREEMENT is made this 29th day of January, 1990, between HARLAN DOPKIN (the "Owner"), and THE CITY OF ASPEN, a home rule municipal corporation (the City"). ~ ... II1"'l; <= SUBDIVISION AGREEMENT FOR LOTS M,N. AND 0 BLOCK ill. CITY AND TOWNSITE OF ASPEN RECITALS WHEREAS, "Property") located described as: Owner owns that certain real in the City of Aspen, COIJ."lt'l' of property (the Pit1d.'1 legally Lots M,N, and 0, Block ill, City and Townsite ,of Aspen, County of Pitkin, State of Colorado: and WHEREAS, on December 18th, 1989, the City Council of the City of Aspen granted approval pursuant to Section 7-1004 C. l(d) of the Municipal Code of the City of Aspen (the "Code") to add two more units to the Cooper Avenue Greystone Condominiums (hereinafter the "Project") and, WHEREAS, the approval of the Project by the City was conditioned upon the Owner complying with certain requirements, .including the entering into and execution of a Subdivision Agreement for the Project; and WHEREAS, the Owner has submitted to the City for approval, execution and recordation a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the prOvisions of the Code and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code. the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner and the Owner's successors and assigns: and WHEREAS. the Owner is willing to enter into such agreement with the City and to provide assurances to the City: NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: " ,'-"" ,-..., ~ . BOOK 614 PAGE944 AGREEMENT 1. Description of Project. The Project which the City Council approved consists of a total of five units, four free market units (two of which have already been built and approved as separately salable condominium units); two additional free market units to be built as well as one studio unit which shall be deed restricted to low income and rented by the Housing Authority. 2. Acceptance of Plat. Upon execution of this agreement by all parties hereto, Owner shall submit and the City agrees to approve and execute the final plat for the Project submitted herewith and reduced-size copies of which are attached hereto as Exhibit A, which conforms to the requirements of Section 7-1004 of the Code. The City agrees to accept such plat for recording on the office of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owner. 3. Construction Schedule and Phasing. The City and the Owner mutually acknowledge that exact construction schedules cannot be determined at this time. However, it is anticipated that construction of the Project will begin no later than three years from the vesting of the Owner's property rights in the Project. 4. Conditions of Approval. a. Prior to the issuance of a building permit, the Owner shall reduce the size of the fence, along the front property boundary, to 4 feet at the center and 4'3" at the western end and 3' 9" at the eastern end thus the fence will remain level. Transparent features, such as wrought iron work on the top, may be incorporated into the fence design, however revised fence plans shall be reviewed by the Planning Department. b. Prior to the issuance of a building permit, the Owner shall either: (1) make a one time payment-in-lieu indexed to the current affordable housing guidelines in affect at the time of payment (2) the Owner may provide off-site housing through a buy down or, (3) may construct housing which will provide the required number of units. The Owner shall provide housing or cash in lieu for 3.75 employees. The housing alternative that is eventually used shall be presented to and approved by the Housing Authority and Planning Staff. c. Prior to the issuance of building permit, the Owner shall file a deed restriction for the low-income studio unit on- site. The unit shall be deed restricted to low income and rented pursuant to the Housing Authority Guidelines, as amended from time to time. d. The Owner shall submit a final plat meeting the requirements of Section 7-1004 0(2) for review by the Planning - 2 - '''~' I"""-- 1"""--, BOOK 614 PAGE945 , , Office, Engineering Department and City Attorney prior to final subdivision review by City Council. e. The Owner shall advise the Water Department of the need to hook up and submit plans to the Aspen Water Department before connecting to the steel line. f. All required survey monuments shall be supplied by the Owner's survey company. g. Prior to the issuance of a building permit, Owner shall submit to the Engineering Department to be approved a complete storm drainage report . h. Prior to the issuance of a building permit, the Owner shall submit dry well plans to the Sanitation District for review and approval. 5. Material Representations. All material representations made by the Owner on the record to the City in accordance with the approval of the Cooper Avenue Greystone Condominiums shall be binding on the Owner. , 6. Enforcement. In the event the City maintains that the Owner is not in substantial compliance with the terms of this Agreement or the final Plat, the City Council may serve a notice of noncompliance and request that the deficiency be corrected within a period of 45 days. In the event the Owner believes that he is in compliance or that the noncompliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged noncompliance exists or whether any amendment, variance or extension of time to comply shOUld be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 7. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owner: Harlan Dopkin P.O. Box 4696 Aspen, Colorado 81612 To the City of Aspen: City Manager 130 South Galena Street Aspen, COlorado 81611 - 3 - '.,..'" ~ .~, with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 BOOK 614: PAGE~6 8. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the OWner's and the City's successors, personal representatives and assigns. 9. Amendment. This agreement may be al tered or amended only by written instrument executed by the parties. 10. Severability. agreement are determined to remaining provisions hereof: If any of the provisions of this be invalid, it shall not affect the 11. Legal Fees. In the event of any disagreement arising out of or in any way related to this agreement resulting in litigation, the substantially prevailing party shall be entitled to attorney's fees as part of any Judgement obtained in the case. THE CITY OF ASPEN, a municipal corporation ~ (acknowledgement on following page) - 4 - y' I"""'. , ,I"""'.' BOOK 514 PAG!: 947 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) ACknowledged before me ,~~//~~ ~7, WILLIAM L. STERLING, Mayor, and KATHRYN S KOCH~ City "if My commission expires: Myeom..........llI27IS2 , 1990 by C1.erk~ .fJ $1.: " "'~ . "";"(.l<"': n witness my hand and official seal. , -0~~~~'~" ~mc- .""~~'~',. ,. ,-"<: --...,. , 1990 by ~\lIHllltlj'J/ \\~\ ';;" ",', - 1~/t' \\'.'i. '~j'~.;.\;"',.I',...~ ~, ~ "'".;i>?................ .r.": ~ ~"iI ...' ., " _"'''~ ..;".... ~ g'v;' (l.... ,., a-Qkppwledged before me Harlan Dopkin E:A'iit'tl:N I b'6PK . ~ l :=........ : .... :;'Q'~.;: .... l .. 't.. - l ~.f' Q i3 t.\Mi~mmission expires: 9 -36 -Cf3 --::;... 1: ~"'- , .-'.; :'!Jr.t: %.,~~'<;;;'~<<~'hess my hand and official seal. '1Ii"'- ""\\\~- . ' 'H{nwtJ~l~ -'-,. Notary Public 105 ~~ 3l" u.,icIo"o!0. l-e. , G,. J12.BD0201.SDA - 5 - \.fl~G~~ l~~Y r" ~OK 601 PAGE147 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION FOR THE PURPOSE OF CONDOMINIUMIZATION OF COOPER AVENUE GREYSTONE CONDOMINIUMS PROCESS WHEREAS, HARLAN DOPKIN,' (hereinafter "Applicant") is the owner of a parcel of real property in the City of Aspen, Pitkin Ceunty, Colorado, described as all of Lot M and a portion of Lot N, block Ill; and WHEREAS, the foregoing described real property contains two approved residential units; and WHEREAS, Applicant has subdivision process for the on the subject property to Condominiums, a Condominum; requested an exception from purpose of condominiumizing be known as Cooper Avenue and the full the units Greystone WHEREAS, the City council determined at its regular meeting held Monday, May 8, 1989, that such exception was appropriate and granted the same, subject, however, to certain conditions as set forth below. NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the Application for the Exception from Full Subdivision Process for the Purpose of Conominiumization of the above-described property is proper, and hereby grants an exception from the full subdivision process for such condominiumization. PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon: 1. The Applicant's recording with the Pitkin County Clerk and Recorder that certain "Condominium Declaration for Cooper Avenue Greystone Condominiums, a condominium"; i J 2. The Applicant's strict compliance with the provisions contained herein, and all representations set forth in the Application submitted, and binding conditions of approval on this matter set by Planning and Zoning Commission andjor this matter City Counsel, for itself, its successors and assig~s; and 3. The Condominiums, be the Pitkin County of any unit. 4. The Affordable Housing Impact fee $12,050.00 being paid pr~or to the sale of any plat depicting Cooper Avenue Greystone approved by the Planning Office, and filed with Clerk and Recorder's office prior to the sale in the unit. DATED this -5 ~ 6.",h.,,.., 1989. , <z> ..., ..., day o;t UII N:> (ADDITIONAL SIGNATURE~ ON PAGE w 2).... .....,. == " \ - CD ""'" amount of ." :::; W i5 x.~ <>;=: z< -t.>" ....- -<> ",0 """-.J ",> 0:S 0'" <.c. ::tI 0 '" /'.,,: '" - ,,-...,. ~ BOOI! 601l'ASf 148 CITY OF ASPEN, a Colorado municipal corporation bY~'<~ William L. Stirling, M yor TO FORM: I, Kathryn S. Koch, do certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization for Cooper Avenue Greystone Condominiums, was considered and approved by the Aspen City Council at its regular meeting held Monday May 8, 1989, at which time the Mayor was authorized to execute the same on behalf of the City of Aspen. ~o!(i~lerk :ry en co - r" ,~ 1'- "" .... '" '" <1)0 >~ ~o:: ~,;: >;;e ::;:0 <1>:;:: ::oc: ""- ..,. en ."';J- ~ CONDOMINIUM DECLARATION FOR COOPER AVENUE GREYSTONE CONDOMINIUMS (A Condominium) 00ll1l 601 PAIlE149 '.~cr) D.C')l M "" ..... e:: a.. .... V') KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Harlan Dopkin, hereinafter called "Declarant", is the owner of the following described real property situated in the City of Aspen, County of Pitkin, State of Colorado, to wit: A parcel of land being all of 'Lot M and a portion of Lot N, Block III Said parcel is more fUlly described by reference to the Condominium Plat Map. WHEREAS, the above described property is presently developed with the following improvements, to-wit: A two story brick duplex residence (the "Duplex"), containing two separate townhouse apartments. WHEREAS, Declarant desires to create a condominium project on said property under the Condominium Ownership Act of the State of Colorado, and to establish thereby a plan for the ownership in fee simple of real property estates consisting of the area or space contained in each of the "Units" as hereinafter defined, and the ownership by one or more of the individual and separate owners thereof, as tenants in common, of all of the remaining real property hereinafter defined and referred to as the "Common Elements". NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: (a) "Unit" means the individual air space contained within the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and built-in fireplaces, if any, of each of the apartment's located in the Duplex situated on the real property described above, together with all fixtures and improvements therein contained, but not including any of the structural components of such building, if any, within a Unit contained therein, which Units are shown on the Condominium Map and identified thereon by the letters numbers 810 and 812. (b) "Condominium Unit" means a Unit together with the undivided interests in the Common Elements appurtenant to such Unit. (d) "Owner" means the person or persons or entity or entities, including Declarant, who own fee simple title to a Condominium Unit. The term Owner shall not include the owner or owners of any lesser estate or interest. (d) "Mortqaqe" means any mortgage, deed of trust, or other security instrument by which a Condominium Unit or any part thereof is encumbered. 1 ~ r-" BOOK 601 PAliE150 (e) "Mortqaqee" means any person or entity named as the mortgagee or beneficiary under any mortgage which encumbers the interest of any Owner. (f) "Condominium Map" means the Condominium Map for Cooper Avenue Greystone Condominiums filed or to be filed in the records in the office of the Clerk and Recorder of Pitkin County, Colorado. (g) "Common Elements" means: (i) all of the Real Property; (ii) the foundations, columns, girders, beams, supports, main walls, roofs and crawlspaces contained in each of the building improvements which are the subject of this Declaration, and the "party wall" dividing Units 810 and 812 as shown on the Condominium Map; (iii) the installations in such buildings consisting of the equipment and materials making up the central services such as tanks, pumps, motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, heating, ventilating and air conditioning and, in general, all apparatus and installations existing for common use; and (iv) all other parts of the Duplex Unit and of the above described real property necessary or convenient to its existence, maintenance and safety or normally in common use. (h) "General Common Elements" means all Common Elements except Limited Common Elements, as hereinafter defined. (i) "Limited Common Elements" means any portion of the Common Elements designated herein for the exclusive use of the Owner or Owners of a Condominium Unit or Units. The portions of Lots M and N designated on the Condominium Map, "L.C.E. Unit 810" are hereby designated for the exclusive use of the Owner or Owners of Unit 810. The portions of Lot M and N, designated on the Condominium Map, "L.C.E. Unit 812" are hereby designated for the exclusive use of the Owner or Owners of Unit 812. (j) "Real Property" means: A parcel of land being all of Lot M and a portion of Lot N. Said parcel is more fully described by reference to the Condouminum Plat Map. (k) "Proiect" means the Real Property and all buildings and other improvements now or hereafter located on the Real Property, and all rights, easements and appurtenances belonging thereto. (1) "Manaqinq Aqent" means the person or entity which shall be selected and appointed by the Owners of the Condominium Units pursuant to the provisions of Paragraph 12 of this Declaration. (m) "Phase II" means the contemplated addition of two similar condominium units on the western portion of Lot N and all of Lot 0, Block 111, City and Townsite of Aspen. 2. DIVISION INTO CONDOMINIUM UNITS. The Project is hereby divided into Condominium Units, each consisting of a separate fee simple estate in a particular Unit and the following described appurtenant undivided fee simple interests in the Common Elements: (a) Real Unit Unit Property 810 812 Common Elements: 50% 50% (b) Duplex Common Elements: Unit 810 50% 2 /"""'0., .~ BDGK6Dl _151 Each owner shall own his appurtenant undivided interests in the Common Elements as a tenant in common with the Owner or Owners also owning an interest in such Common Elements. 3. INSEPARABILITY OF A UNIT. Each Unit and the undivided interests in the Common Elements appurtenant thereto shall be inseparable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit. 4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage, trust deed, will, or other instrument may legally describe Condominium Unit by its identifying Unit number, followed by the words "Cooper Avenue Greystone Condominiums" with further reference to the recorded Declaration and Map. Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit but also the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include the right to the use of the Limited Common Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the same. 5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO ASSESSOR. Declarant shall give written notice to the assessor of Pitkin County, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxation. 6. TITLE. A Condominium Unit maybe held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under the laws of Colorado. 7. NONPARTITIONABILITY OF COMMON ELEMENTS. The Common Elements shall be owned in common by the Owners as hereinafter provided, and there shall be no judicial or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. 8. USE OF UNITS; GENERAL AND LIMITED COMMON ELEMENTS. Each Owner shall be entitled to exclusive ownership and possession of his Unit. Each Owner may use the General and Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. 9. USE AND OCCUPANCY. Each Condominium Unit shall be used and occupied for residential purposes only, and except as provided in this Paragraph, no trade or business of any kind may be carried on therein. Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a violation of this covenant. 10. EASEMENTS FOR ENCROACHMENTS. If any portion of the Common Elements now or hereafter encroaches upon a Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exists. If any portion of a Unit now or hereafter encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. For title or other purposes, such encroachment and easements shall not be considered or determined to be encumbrances either on Common Elements or the Units. 11. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of the Owner thereof or his agent ~r his contractor or subcontractor 3 r", ~ BOOK 601 PAGE152 shall be the basis for the filing of a lien against the unit of any other Owner not expressly consenting to or requesting the same, or against the interests in the Common Elements owned by such other Owners. Each OWner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's unit at such Owner's request. 12. ADMINISTRATION AND MANAGEMENT. Each Owner shall manage his own Unit, unless the Owners of Units 810 and 812 agree upon the appointment of a Managing Agent to administer both such Units. Notices of Appointments of the Managing Agent by the Owners of Units 810 and 812 hereunder shall be placed or record by the Manager insofar as required by law or practice. Until changed by the Owners of units 810 and 812, the initial Managing Agent of such Units shall be Buzz Dopkin. 13. RESERVATION FOR ACCESS - MAINTENANCE. REPAIR AND EMERGENCIES. The Owners shall have the irrevocable right to have access to each unit from time to time during reasonable hours as may be necessary for the inspection, maintenance, repair or replacement of any of the General Common Elements thereon or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the General or Limited Common Elements or to another Unit or Units. Damage to the interior of any part of a Unit resulting from maintenance, repair, emergency repair or replacement of any of the General Common Elements or as a result of emergency repairs within a Unit at the instance of another Unit Owner shall be a Common Expense of all of the Owners of units having an interest in such General Common Elements; provided, however, that if such damage is the result of the negligence of a Unit owner, then such unit Owner shall be responsible for all of such damage. 14. OWNERS' MAINTENANCE RESPONSIBILITY. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own and to be responsible for the exterior surfaces of such Owner's unit and the Limited Common Elements assigned thereto, and the windows, doors, interior nonsupporting walls, materials, ceilings and floors within the Unit. An Owner shall not be deemed to own any utilities running through his Unit which serve more than one Unit except as a tenant in common with the adjoining Unit Owner. Such obligation and/or right to repair, alter and remodel shall carry the obligation to replace any ':fin~shing materials removed with similar or other types or kinds ~~~inishing materials of equal or better quality, and to maintain the Limited Common Elements in a neat and clean condition. Any material alteration, remodeling or refinishing of Units 810 and 812 shall require the prior mutual consent and approval of the Owners of both of said Units. An Owner shall maintain and keep the interior of his own Unit and the Limited Common Elements appurtenant thereto in good taste and repair, including the fixtures thereof. All fixtures and equipment installed within the Unit commencing at a point where the utility lines, pipes, wires, conduits or systems (Which for brevity are hereafter referred to as ("utilities") enter the Unit shall be maintained and kept in repair by the Owner thereof. 15. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Owner shall comply strictly with ,the provisions of this Declaration as the same may be laWfully amended from time to time. Failure so to comply shall be grounds for ~n action to recover sums due and for damages or injunctive r~l~ef or both, maintainable by the Managing Agent (where approPI'j.~te) or by an aggrieved Owner or Owners. t, 4 ,-, , ' r-" BOOK 601 PAGE153 16. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall no be revoked nor shall any of the provisions herein be amended unless the Owners of both Units, and covering or affecting any or all Condominium Units consent and agree to such revocation or amendment by instrument(s) which shall be duly recorded. 17. ASSESSMENT FOR UNITS 810 AND 812 COMMON EXPENSES. The Owners of units 810 and 812 shall be obligated to pay the assessments imposed by the Managing Agent to meet the Common Expenses incurred in connection with such units. Except for Limited Common Elements liability insurance premiums, the assessments shall be made pro rate according to each OWner's fractional interest in and to the Duplex Common Elements. Assessments for the estimated Common Expenses, including all insurance except the aforesaid liability, shall be due quarterly in advance on the first days of January, April, July and October. The Managing Agent or other Owner incurring the cost shall prepare and deliver or mail to each Owner an itemized statement showing the various estimated or actual expenses for which the assessments are made. Contribution for quarterly assessments shall be prorated if the ownership of a Condominium unit commences on a day other than the first day of a calendar quarter. Assessments for reasonable actual Common Expenses may be made",by the Managing Agent, or an Owner incurring the same, among other things, for the following: Expenses of management; taxes and special assessments, until separately assessed; fire insurance with extended coverage and vandalism and malicious mischief insurance with endorsements attached issued in the amount of the maximum replacement value of units 810 and 812; casualty and other insurance premiums; landscaping and care of General Common Elements; common electrical, water, gas and sewer charges unless and until any or all of the above are separately metered; repairs and renovations; garbage collections; wages; legal and accounting fees; management fees; expenses and liabilities incurred b the Managing Agent or other Owner under or by reason of this Declaration; the payment of any deficit remaining from a previous period; the creation of a reasonable contingency or other reserve or surplus fund as well as other costs and expenses relating to the appurtenant Common Elemehts. The omission or failure of the Managing Agent to fix the assessment for any quarter shall not be deemed a waiver, modification or a release of the subject Owners from their obligation to pay. 18. INSURANCE. One policy of public liability insurance covering all of the General Common Elements shall be aurchased and maintained in effect at all times by the Owners of dll of the Condominium units, in an amount deemed appropriate by such Owners, and the cost thereof shall be shared in accordance with such Owners' respective undivided interests in the Real property Common Elements. Fire, casualty and extended coverage insurance, on the other hand, shall be the sole responsibility of the Owners of Units 810 and 812 (or the Managing Agent as above provided) with respect to Units 810 and 812. Insurance coverage on the furnishings, additions and improvements incorporated into a unit and all item of personal property belonging to an Owner, and casualty and public liability insurance coverage within each undivided Unit and those Limited Common Elements reserved for the exclusive use of a particular Unit Owner shall be the sole responsibility of the Owner thereof. 19. OWNERS' PERSONAL OBLIGATION FOR PAYMENT OF ,:..il . ASSESSMENTS. The amount of the Common E~p,~pses assessed aga~nst or incurred on account of Condominium un~~,',...,I~.!.,. 810 and 812 shall be the personal and individual debt of the '~er thereof. suit to recover a money judgment for unpaid Commd'", Expenses shall be 5 .d:.;':~, r" .~ BOOK 601 PAGE154 maintainable by the Managing Agent,or any aggrieved Owner without foreclosure or waiving the lien securing same. No Owner may exempt himself from liability for his contribution towards the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his unit. 20. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums due or unpaid for the share of Common Expenses chargeable to Condominium Units 810 and 812, including interest thereon at eight percent per annum, shall constitute a lien on such Unit superior (prior) to all other liens and encumbrances except: (a) Tax and special assessment liens on the Unit in favor of any assessing entity; and (b) All sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance, including additional advance, refinance or extension of these obligations made thereon prior to the arising of such a lien. To evidence such lien the aggrieved Owner or Managing Agent may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the defaulting Owner of the Condominium Unit and a description of the Condominium Unit. Such a notice shall be signed by the aggrieved Owner or the Managing Agent, as appropriate, and may be recorded in the office of the Clerk and Recorder of the County of Pitkin, State of Colorado. Such lien for the Common Expenses shall attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on the defaulting Owner's Condominium Unit by the aggrieved Owner or the Managing Agent in like manner as a mortgage or deed of trust on real property upon recording of a notice of claim thereof. In any such foreclosure the defaulting Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The defaulting Owner shall also be required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall have the power to bid in the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Any encumbrancer holding a lien on Condominium units 810 and 812 may pay any unpaid Common Expense payable with respect to such Unit, and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid of the same priority as the lien of his encumbrance. 21. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF 90~OMINIUM UNIT. Upon payment of a reasonable fee not to exceed tert dollars and upon the written request of any Owner or any Mortgagee or prospective Mortgagee of condominium Units 810 and 812, the Managing Agent or the Owner of the other Duplex unit shall issue a written statement setting forth the amount of the unpaid Common Expenses, if any, with respect to the subject Unit, the amount of the current quarterly assessment and the date such assessment becomes due, credit for advance payments or for prepaid items, including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement in favor of al persons who rely thereon in good faith. Unless such request for a statement of indebtedness is complied with with~n ten days, all unpaid Common Expenses which become due prior to the date of making such request shall be subordinate to the lien of the person requesting such statement. The grantee of a Unit shall be jointly and severally liable with the grantor for all tnpaid assessments aga~~t the latter for his proportionate share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the 6 4iL...... ,..-... nK 601 PAGE155 grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed ten dollars, and upon written request, any prospective grantee shall be entitled to a statement from the Managing Agent or Owner of the other Duplex Unit, setting forth the amount of the unpaid assessments, if any, with respect to the SUbject Unit, the amount of the current quarterly assessment and the date that such assessment become due, credit for advance payments or for prepaid items, including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement. Unless such request for a statement of indebtedness shall be complied with within ten days of such request, then such grantee shall not be liable for, nor shall the Unit conveyed be SUbject to a lien for, any unpaid assessments against the SUbject Unit. 22. MORTGAGING A CONDOMINIUM UNIT- PRIORITY. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The Owner of a Condominium Unit may create junior mortgages on the following conditions: (1) Any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Declaration; (2) The Mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgage premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises which insurance policies were effected and placed upon the mortgaged premises by the Managing Agent or other Owners. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Managing Agent or Owners of the other Unit. 23. ATTORNEY-IN-FACT IN CASE OF DESTRUCTION. REPAIR OR OBSOLESCENCE. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney-in-Fact to deal with Condominium Units 810 and 812 upon their destruction, repair or obsolescence. Title to both of such Condominium Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute appointment of the Attorney-in-Fact herein provided. All of the Unit 810 and 812 Owners irrevocably constitute and appoint the Managing Agent, from time to time appointed pursuant to this Declaration, their true and lawful ~orney in their name, place and stead for the purpose of dealing with the property upon its destruction, repair or obsolescence as is hereafter provided. Said Attorney-in-Fact shall have full and complete authorization, right and power to make, execute and deliver and contract, deed or any other instrument with respect to the interest of a Condominium Unit Owner which are necessary or appropriate to the exercise of the powers herein granted. Repair and reconstruction of the improvements as used in the succeeding subparagraphs means restoring the improvements to SUbstantially the same condition in which they existed prior to the damage, with each unit and the General and Limited Common Elements appurtenant thereto having the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Attorney-in-Fact for the purpose of repair, restoration or replacement unless the Owners of Units 810 and 812 and all first mortgagees thereon agree not to rebuild in accordance with the provisions set forth hereinafter. '7 ~ ~ BOOK 601 PAGf156 (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Attorneys- in-Fact to such reconstruction, and the improvements shall be promptly repaired and reconstructed. The Attorney-in-Fact shall have full authority, right and power, as Attorney-in-Fact, to cause the repair and restoration of the improvements. (b) If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Attorney-in-Fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Unit 810 and 812 Owners and their Condominium units. Such deficiency assessments shall be a Common Expense and made pro rata according to each Owner's fractional interest in the Duplex Common Elements, and shall be due and payable within thirty days after written notice thereof. The Attorney-in-Fact shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each Owner and a lien on his Condominium Unit and may be enforced and collected as is provided in paragraph 20. In addition thereto, the Attorney-in-Fact shall have the absolute right and power to sell the Condominium Unit of any Owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Attorney-in-Fact shall cause to be recorded a notice that the Condominium Unit of the delinquent Owner shall be sold by the Attorney-in-Fact. The proceeds derived from the sale of such Condominium Unit shall be used and disbursed by the Attorney-in-Fact, in the following order: (1) For payment of the balance of the lien of any first mortgage; (2) For payment of taxes and special assessment liens in favor of any assessing entity; (3) For payment of unpaid Common Expenses; (4) For payment of junior liens and encumbrances in the order of and to the extent of their priority; and (5) The balance remaining, if any, shall be paid to the Condominium Unit Owner. (c) The Owner of one of such Units may give notice to the other Unit Owners that Units 810 and 812 are obsolete and that the same should be renewed or reconstructed. If both Owners agree, then the expense thereof shall be payable by both of the Owners as Common Expenses; provided, however, that any Owner not in agreement to such renewal or construction may give written notice to the Attorney-in-Fact that such Unit shall be purchased by the Attorney-in-Fact for the fair market value thereof. If such Owner and the Attorney-in-Fact can agree on the fair market value thereof, then such sale shall be consummated within thirty days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be lhe "commencing date" from which all periods of time mentioned herein shall be measured. Within the days following the commencing date, each party shall nominate in writing, and give notice of such nomination t,Q the other party, an appraiser who sha~l be a duly qualifi~~ appraiser or a realtor and be qualified to make appraisals of cordominium and similar property in Pitkin County, Colorado. If either party fails to make such a nomination, the appraiser nominated shall, 8 ~, ,~ BOOK 601 PAGf157 within five days after default by the other party, appoint and associate with him another similarly qualified appraiser. If the two appraisers designated by the parties, or selected pursuant hereto in the event of the default of one party, are unable to agree, they shall appoint another similarly qualified appraiser to be arbitrator between them. The decision of the appraisers as to the fair market value shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Attorney-in-Fact and the Owner. The sale shall be consummated within fifteen days thereafter, and the Attorney-in- Fact shall disburse such proceeds as is provided in subparagraph (b)(l) through (5) of this paragraph. (d) Owners of units 810 and 812 may agree that units 810 and 812 are obsolete and that the same should be sold. Such agreement must have the unanimous approval of every Mortgagee. In such instance, the Attorney-in-Fact shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Attorney-in-Fact, Condominium units 810 and 812 shall be sold by the Attorney-in-Fact for both of the Owners, subject to all of the provisions contained in this Declaration and the Map. The sales proceeds shall be apportioned among the affected Owners on the basis of each Owner's fractional interest in the Duplex Common Elements, and such apportioned proceeds shall be paid into separate accounts representing each such Condominium unit. Each such account shall be in the name of the Attorney-in-Fact, and shall be further identified by the letter of the unit and the name of the Owner. From each separate account, the Attorney-in-Fact shall use and disburse the total amount of such accounts, without contribution from one account to another, for the same purpose and in the same order as provided in subparagraph (b)(l) through (5) of this paragraph. 24. ATTORNEY-IN-FACT IN CASE OF CONDEMNATION. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney-in-Fact to deal with the project in the event of its complete or partial condemnation. Title to all of the Condominium Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute appointment of the Attorney-in-Fact herein provided. Declarant hereby appoints C.M. CLARK his true and lawful attorney in his name, place and stead for the purpose of dealing with the Project upon its condemnation as is hereinafter provided. Said Attorney- in-Fact may be changed at any time by the Owners having a majority of the percentage interests in the Real Property Common Elements, such change only to be effective upon the recording of a notice designating the new Attorney-in-Fact under this Paragraph 24 in the Pitkin County, colorado, real property records. Said Attorney-in-Fact shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of a condominium unit Owner which are necessary or appropriate to the exercise of the powers herein granted. (a) consequences of Condemnation. If at any time or times during the continuance of the Condominium ownership pursuant to this Declaration, all or any part of the Project shall be taken or condemned by an public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. (1) Proceeds. All compensation, damages or other proceeds therefrom, the sum of which is hereinafter called the "Condemnation Award," shall be payable to the Attorney-in-Fact. (2) Comolete Taking. In the event that the entire Project is taken or condemned, or sold o~ otherwise disposed of in lieu of or in avoidance 9 .- r "'\ ~, BOOK 601 PAGE158 thereof, the Condominium Ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned among the Owners on the basis of each Owner's fractional interest in the Real property Common Elements, provided that if a standard different from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree, or otherwise, then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principal set forth in the last preceding subparagraph, the Attorney-in-Fact shall as soon as practicable determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be paid into separate accounts and disbursed as soon as practicable in the same manner provided in Paragraph 23(d). (3) Partial Taking. In the event that less than the entire Project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condominium Ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practicable the Attorney- in-Fact shall, reasonably and in good faith, allocate the Condemnation Award between compensation, damages or other proceeds, and shall apportion the amounts so allocated among the Owners, as follows: (a) the total amount allocated to taking of or injury to the General Common Elements, (b) the total amount allocated to severance damages shall be apportioned to those Condominium units which were not taken or condemned, (c) the respective amounts allocated to the taking of or injury to a particular Unit and/or improvements an Owner had made within his own unit shall be apportioned to the particular Unit involved, and (d) the total amount allocated to consequential damages and any other takings of injuries shall be apportioned as the Attorney-in-Fact determines to be equitable in the circumstances. If an allocation of the Condemnation Award is already established in negotiation, judicial decree or otherwise, then in allocating the Condemnation Award the Attorney-in-Fact shall employ such allocation to the extent it is relevant and applicable. Distribution of apportioned proceeds shall be disbursed as soon as practicable in the same manner provided in Paragraph 23(d). (4) Reorqanization. In the event a partial taking results in the taking of a complete Unit, the Owner thereof automatically shall cease to be an Owner under this Declaration. (5) Reconstruction and Reoair. Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in Paragraph 23 hereof, in which case such paragraph shall be construed to apply to both Condominium units. 25. MAILING OF NOTICES. Each Owner shall register his mailing address with the other OWner and all notices or demands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices or demands intended to be served upon the Owners shall be given by registered or certified mail, postage prepaid, to the registered address thereof. All notices or demands to be served on Mortgagees pursuant hereto shall be seQt by either registered 10 " ~ ,"'\ BOOK 601 PAGE159 on Mortgagees pursuant hereto shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the Owners in writing. Unless the Mortgagee so furnishes such address, the Mortgagee shall be entitled to receive none of the notices provided for in this Declaration. Any notice referred to in this Section shall be deemed given when deposited in the United States mail in the form provided for in this Section. 26. PERIOD OF CONDOMINIUM OWNERSHIP. This separate condominium estates created by this Declaration and the Condominium Map shall continue until this Declaration is revoked in the manner and as is provided in Paragraph 16 of this Declaration or until terminated in the manner and as is provided in Paragraph 24 of this Declaration. 27. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any general shall include all genders. 28. Phase II. Declarant states that the development of two additional Condominium Units is contemplated on the eastern portion of Lot N and on Lot 0, Block Ill, immediately adjoining the Units which are the subject of this Declaration. When bonstructed, the additional Units shall become subject to the provisions of this Declaration and the Owners of Units 810 and 812 shall cooperate in every manner as may be reasonably required including the execution of any Amendment hereto or any other instrument which may be necessary or appropriate. Said Amendment shall include but not be limited to a provision changing the percentage of ownership of real property, common elements, and duplex common elements to a percentage according to square footage. In this Phase II of construction a Studio (Caretaker Unit) may be required by Planning and Zoning making this development a five unit condominium. 11 1""', ,-., BOOK 601f'AIiEl60 IN WITNESS WHEREOF, Declaration this .30'tffday , STATE OF COLORADO ) )ss, County of Pitkin ) WITNESS.my.hand a~d offi~~9 . My commlsSlon explres: ~.1: was aCknowledged before me by Declarant, Harlan D,3P~~lk(.><. 3'-" .QI_."'''''''''~'''-'-'' -.:;; .t' # ,l I) , '-. ' . &. ~I bl' "o--iL . ';lOM :(, . 'Y.'. ...... '..f ...... ""'" ',...f........~~ ", ''''''''l_~ N~')' '....- ~n~The fo~strument this~day of ' , 1989, JL3:condo,dec 12 ....;>,..:;,.. ~ .--- MEMORANDUM FROM: city Engineer Leslie Lamont, Planning Office TO: RE: cooper Avenue Greystones DATE: March 12, 1990 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from Buzz Dopkin requesting condominiumization approval for the new duplex approved for 816 E. Cooper Avenue. Please review this material and return your comments to me no later April 9, 1990. Thank you. r-- ~, ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 920-5090 March 12, 1990 Harlan Dopkin P. O. Box 4696 Aspen, CO 81612 RE: cooper Avenue Greystones Subdivision Exemption for Condominiumization Dear Buz z , This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the city Council on Monday, April 23, 1990 at a meeting to begin at 5:00 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant 1""""\ CITY OF ASPEN ,-, PRE-AEPLICATION CONFERENCE SUMMARY ( " (OJM;az." (.. - J_ PROJECT: \D f 9 ~ ~~lt (' WI( 9'tfr\lJl ~ WUvrOi APPLICANT'S REPRESENTATIVE: .~ OWNER'S NAME: REPRESENTATIVE'S SUMMARY L Type of Application :\' C...,.yJJ ~~ \ r\\ \ ."'\'~Jii-~Y) 2. Des~ibe :ction!t~pe of development being re ested: ~~ 0(" / ~ 3 . Areas is which Applicant has been requested to respond, types of reports requested: Policy Area! Referral Aqent , .~:s l"~~O~ Comments ,'-'" 4. Review is: (P&Z Only) (P&Z then to CC) 5. Public Hearing: (YES) (' , (NO) 7. What fee was applicant requested to to be submitted: () .~ submi t: ~ Y:::w ~ / 6. Number of copies of the application 8. Anticipated date of submissio ~, :7 frm.pre_app . r"'\ ,,......,, 4(1-10 " . HARLAN DOPKIN P.O. Box 4696 Aspen, Colorado 81612 303-925-7488 Fe8 2 8 I99U APPLICATION FOR EXEMPTION FROM SUBDIVISION AND CONDOMINIUMIZATION OF THE COOPER AVENUE GREYSTONES I Harlan Dopkin, owner of subject property, hereby makes application to condominiumize three additional units which consist of two, two bedroom units, and one deed restricted studio unit. Enclosed are two copies of the Cooper Avenue Greystone condominium Amendment #2 platt and map showing the footprint of the structure along with the real property, limited common elements and required parking spaces. With regard to the requirement that existing tenants be given an option to purchase their unit, and with regard to the requirement that the applicant demonstrate that approval will not reduce the supply of low and moderate income housing, you should be advised that the building is newly constructed and has never been occupied by a tenant. It is clearly understood that these units will have a minimum six month rental restriction. There are no affordable housing fees with this application as this obligation has been provided with on-site housing and cash-in-lieu approved by the City Council. Respectfully submitted, Harlan Dopkin HD:pt > ~ " . o ~ @ . '" )> <g", en '~~'O . (1) - " ~ ~ )> II ~ t . < ,,~,(/I 2: ':",). Q) {~ <n "-: = (') ::'i CD ~'s;.'. :J \:,:'~ S' ! : . ~ 'C) '" o (; ~ % ., !11 ~ ~ c: ,,-, , ~ AK~l' .~ "'" . . . .'. .. .:,;,,;,,;~ , ,~ (":I'll rn_ .. .-. ~8 ~~ ! i I , I , I m :Xl s:: o c: z ~ ~... '- . o -~ ;5Q ~ it ,.. . ~ ~ eo ~ 00 ~ I ......... ::D . "'. 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