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THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
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RCEL IDi 2735-142-07-001/00
DATE RCVD: 1/20/1981 # COPIES: CASE NO P057-96
(1981 GMP APP) Planners
on Creek Rd
A.DR~- C/S/Zi~- PHN:~-
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ALLOCATED HOURS;-
FEES RCVO:~~ % OVER: ~~
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REV BODY PH 'NOTICED > DATE OF FINAL ACTION; ~~.
No I" BOCC Reso: 81-39 #233351
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` 1tECOItnI:D A'C 9• A.M. 9 JUNE, 1981 LORET'CA ~+NjVER, RECORDP.R
RESOLUTION OF THE BOARD OF COUNTY COMf4ISSI0NS
OF PITKIN COUNTY, COLORADO ~o~.4Cl~ :;~,_~3"
RECEPTION 11 GRANTING PMH-PUD REZONIIVG AND FINAL PLAT .APPROVAL
FOR THE ASPEN HIGHLANDS SUBDIVISION FILING 2
Resolution (Vo. 81 - 39
WHEREAS, Aspen Highlands Skiing Corporation, a Deleware corporation
and Wipple Van Ness Jones (hereinafter referred to as "Applicant") are
the owners of record of 15.33 acres of real property located in Pitkin
County, Colorado more specifically described in the attached Exhibit "A",
and °
WHEREAS, the Applicant has applied for rezoning of 2.57 acres of said
property, more specifically described as Exhibit "B" attached hereto and in-
corporated by this reference, to PMH-PUD for the purpose of development of
a 20 unit multi-family employee housing project and for the creation of
8 new single family free market homesites on the balance of the property, and
WHEREAS, a public hearing was held on October 13, 1980 at which time
the Board heard evidence and testimony presented with respect to this applica-
tion.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado, that PMH-PUD rezoning for the 2.57 acre site described
on Exhibit "B" to be used for no more than sixteen (16) multi-family PMH
dwelling units and Final Plat approval is hereby granted for the proposed multi-
family development and the eight (8) new single family free market homesites
subject to the following conditions:
1. The County Engineer will work with adjacent property owners whose
properties lie adjacent to the PMH-PUD project to determine the appro-
priate screening technics.
2. The Applicant shall pay the pro rata share of paving Glen Eagle Drive
at such time as an improvement district is formed (Pro rata shall mean,
in this case, no less than a 4/16 share of the total cost of the road
improvement). This responsibility shall rest with the Aspen xighlands
Skiing Corporation and shall not be transferred.
3. All resales of the Aspen Highlands Villas shall be subject to the Pitkin
County's Resale Agreement.
4. The Applicant shall execute and record Improvements Agreement for the
construction of a bus stop and for the paving of Glen Dee Drive from
the entrance of the PMH-PUD project to Maroon Creek Road and for the
paving of Glen Gary Drive South.
5. The Applicant shall prepare a Condominium Plat to be approved by the
County Engineer for the PMH-PUD project prior to recording.
6. The Applicant shall execute and record Condominium Declarations to be
approved by the County Attorney prior to recording.
7. The Applicant shall execute and record the Declaration of Restrictions
Agreement in which the Aspen Highlands Skiing Corporation accepts re-
sponsibility for snow removal and maintenance of Glen Gary Drive South.
Approved by the Board of County Commissioners of Pitkin County, Colorado at
their regular meeting on May 26, 1981.
BOARD OF COUNTY COMMISSIONERS
OF PITKTN COUtJTY, COLORADO
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B:
Bo Child, Chairman
ATTESTk ~
County Clerk-`\
APPROVED AS TO FORM:
%'County Atto ey
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EXHIBIT "A"
A tract of land situated in the E~ of the NW's and the ST,Ay of the NW'y of Section
14, Township 10 South, Range 85 West of the 6th P.M., described as follows:
BEGINNING at a point being S 34°48'05" W. 1,373.96 feet from the North 'y corner
of Section 14, being the Northeast corner of Lot 2, Aspen Highlands Subdivision.
Thence along the exterior boundary of the Aspen Highlands Subdivision as follows:
Thence along a curve to the left whose radius is 142.34 feet, a distance of 77.14
feet (chord bears S. 59°59'30" E. 76.20 feet);
thence S. 14°29' W. 170.00 feet;
thence S. 38°45' E. 459.35 feet;
thence N. 75°24' E. 200.00 feet;
Thence along the westerly edge of the southerly extension of Glen Gary Drive as
described in Book 201 at page 69 of Pitkin County Records as follows:
Thence S. 14°36' E. 159.00 feet;
thence along a curve to the right whose radius is 558.67 feet, a distance of 427.52
feet (.:hord bears S. 07°19'22" W. 417.17 feet);
Thence along a curve to the left whose radius is 438.77 feet, a distance of 179.93
feet (chord bears S. 17°29'51" W. 178.68 feet);
Thence S. 05°45` W. 13.50 feet;
Thence along a curve to the right whose radius is 462.51 feet, a distance of 28.67
feet (chord bears 5. 07°31'32" W. 28.66 feet);
Thence along the northerly boundary of that parcel of land described in Book 282
at page 111, Pitkin County Records as follows:
Thence N. 68°44'20" W. 58.32 feet;
.thence N. 33°47' W. 212.05 feet;
Thence along the northerly boundary of that parcel described in Book 192 at page
320, Pitkin County Records as follows: .
Thence N. 38°46` W. 114.24 feet;
Thence S. 59°37'32" W. 243.25 feet;
Thence along the northeasterly boundary of that parcel of land described in Book
247 at page 461, Pitkin County Records as follows:
Thence N. 38°46' W. 192.60 feet;
Thence N. 47°35' W. 134.35 feet;
Thence along the southerly boundary of the northwesterly 30 feet of that parcel
of land described in Book 247 at page 461, Pitkin County Records as follows:
Thence S. 29°54' W. 73.12 feet;
Thence S. 73°02'30" W. 87.37 feet;
Thence along a line that is 30 feet southerly of the southerly boundary of that
parcel of land described in Book 194 at page 484, Pitkin County Records as follows:
Thence S. 84°11' W. 84.45 feet;
Thence N. 49°O1' W. 57.15 feet;
Thence N. 22°32' W. 54.76 feet;
Thence N. 08°15' W. 65.88 feet;
Thence along the easterly and northerly boundary of that parcel of land described
in Book 188 at page 17, Pitkin County Records as follows: (Note tie used for this
parcel was assumed to be to the witness corner to the west '~ corner of Section
14 and Not the west '~ corner of Section 14)
Thence N. OS°56' E. 19.63 feet;
(continued on page A2)
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Thence N. 60°41' W. 237.89 feet more or less to the easterly R.O.W, of the Maroon
Creek County Road;
Thence along the easterly R.O.W, of the Maroon Creek County-Road as follows:
Thence N. 29°19' E. 86.23 feet;
Thence along a-curve to the right whose radius is 802.13 feet, a distance of 144.20
feet (chord bears N. 34°28' E. 144.00 feet) '
Thence N. 39°37' E. 393.26 feet;
Thence S. 32°04' E. 28.40 feet along the southerly line of Lot 1, Aspen Highlands
Subdivision;
Thence along the westerly, southerly and easterly boundary of that parcel of land
described in Book 194 at page 484, Pitkin County Records as follows:
Thence S.
Thence S.
Thence S.
Thence S.
Thence S.
thence S.
thence S.
thence N.
Thence N.
Thence N.
Thence N.
Thence N.
Thence N.
Thence N.
11°34'30"
O1°29'45"
13°52'15"
20°28'30"
(bearing
22°32' E.
49°O1' E.
84°11' E.
73°02'30"
29°54' E.
24°33' E.
16°19' W.
34°53' W.
44°50' w.
W. 86.46 feet;
W. 165.95 feet;
W. 108.06 feet;
W. 294.43 feet;
and distance illegible);
43.94 feet;
37.11 feet;
68.54 feet;
E. 72.58 feet;
140.95 feet;
279.44 feet;
59.16 feet;
39.43 feet;
135.80 feet;
Thence N. 34°09' E. 438.07 feet along the exterior boundary of Aspen Highlands
Subdivision to the point of beginning containing 15.33 acres more or less.
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EXITBIT "$"
LEGAL DESCRIPTION OF ilIC1iLANDS VILLAS PROPERTY
A tract of land situated in the E'~ of the NW't and the SWti of
tt~e NW't of Section 14, T10S, RSSW of the 6th P.M., Pitkin County, Colorado
described as follows:
Beginning at a point on the easterly R.O.W. of the Maroon Creek County.
Road whence the North '-t corner of said Section 14 bears N40°31'53"E 1,
744.23 ft.
Thence S32°04'E 28.40 ft. along the southerly line of Lot 1
Aspen highlands Subdivision.
Thence along the westerly boundary of that parcel of land described
in Book 194 at Page 484, Pitkin County Records as follows:
Thence S11°34'30"W 86.46 ft.
Thence SO1°29'45"W 165.95 ft.
Thence 513°52'15"W 108.06 ft.
Thence S20°28'30"W 294.43 ft.
Thence N36°52'W 52.59 ft. to the northeasterly corner of that parcel
of land described in Book 188 at page 17, Pitkin County Records
Thence along the northerly boundary of said Book 188 at Page, 17 N60°
41'W 237.89 ft. more or less to the easterly R.O.W. of the Maroon Creek
County Road
Thence along the easterly R.O.W. of the Maroon Creek County Road
as follows:
Thence N29°19'E 86.23 ft.
Thence along a curve to the right whose radius is 802.13 ft. a distance
of 144.20 ft. (chord bears N34°28'E 144.00 ft.)
Thence N39°37'E 393.26 ft. to the point of beginning containing 112, 139
square feet more or less.
MEMORANDUM
T0: Board of County Commissioners
FROM: Richard Grice
RE: Highlands Subdivision - Filing No. 2, Final Plat
DATE: March 19, 1981
The Board of County Commissioners approved PMH rezoning for the. 2.57
acre site to be used for 16 multi-family PMH dwelling units and detailed
submission for the proposed multi-family development and the 8 free
market homesites on February 23, 1981 subject to the following conditions:
1. The applicant shall finalize water supply plans and execute
a contract for water service by the City of Aspen or Aspen
Highlands Water and Sanitation District, and
2. The applicant shall make an assignment of water rights to
run with the land, and
3. The applicant shall agree to pave Glen Dee Drive from the entrance
of the PHM project to Maroon Creek Road, and
4. The County Engineer shall work with the property owners who lie
adjacent to the PMH project to determine the appropriate
screening techniques, and
5. The applicant shall pave Glen Gary Drive South, and
6. The applicant shall agree to pay the pro rata share of paving
costs for Glen Eagle Drive at such time as an improvement district
is formed. This responsibility shall rest with the Aspen Highlands
Skiing Corporation and shall not be transferred.
The applicant has successfully reached a conclusion to its water supply
negotiations. Contracts have been executed which provide for the City
of Aspen to supply water to the Aspen Highlands Water and Sanitation District
which will in turn supply water to Aspen Highlands Subdivision. Part of
those agreements include transfer of water rights from Aspen Highlands
Water and Sanitation District and Aspen Highlands Skiing Corporation. to the City.
Improvement agreements along with letters of credit have been submitted
by the applicant to cover the paving of Glen Dee Drive from the entrance
;of the PM~i project to Maroon Creek Road and for the paving of Glen Gary
Drive South.
The Planning Office recommends approval of the Aspen Highlands, Filing
No. 2, as well as PMH -PUD rezoning subject to the following conditions:
1. The County Engineer will work with adjacent property owners to the
PMH project to determine the appropriate screening techniques.
2. The applicant shall pay the pro rata share of paving Glen Eagle
Drive at such time as an improvement district is formed. This
responsibility shall rest with Aspen Highlands Skiing Corporation
and shall not be transfered.
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3. i~aryp-}7cant shcl-l e~ceeute and reeerd the County Housing Authority's
Resale Agreement.
4. The applicant shall execute and record the Improvement Agreements
" for the construction of a bus stop and for the paving of Glen
Dee Drive from the entrance of the PMII project to Maroon Creek Road
and Glen Gary Drive South.
Memo: Highlands Subdivision - Filing No. 2, Final Plat
Page Two
March 19, 1981
5. The applicant shall prepare a condominium plat to be approved
by the County Engineer for the PP1H project prior to recording.
6. The applicant shall execute and record condominium declarations
to be approved by the County Attorney prior to recording.
7. The applicant shall execute and record the Declaration of
Restrictions Agreement in which the. Aspen Highlands Skiing
Corporation accepts responsibility for snow removal and
maintenance of Glen Gary Drive South.
(All relevant documents and agreements will be available for your review
at the public meeting on Monday)
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RE;SALF. AGREEMENT
THIS AGREEMENT made and entered into this day of ,
198 by and between of the County
o= Pitkin, State of Colorado (hereinafter referred to as "Owner") and
the ROUSING AUTHORITY OF THE COUNTY OF FITKIN, COLORADO, A Colorado
corporation organized pursuant to the Colorado County Housing Authority
Law, C.R.S. 1973, Section 29-4-501, et. seq., (hereinafter called
"Authority").
WITNESSETH:
V7HEREAS, the Owner has purchased Condominium Unit ,
Highlands Villas, Pitkin County, Colorado, according to the plat thereof
of record in plat Book Page of the records of the Pitkin County
Clerk and Recorder (hereinafter "Property"), and
WHEREAS, it is acknowledged by the Owner that certain improved
lots within the Condominium Unit Highlands Villas, Pitkin
County, Colorado are subject to the control of the Authority for the
purposes of supplying middle income housing for the area and the nar.ties
hereto wish to insure that, on resale, the Owner's Property is again made
available to satisfy the need for middle income housing within Pitkin
County.
NOW, THEREFORE, in consideration of the sum of ten ($10.00) Dollars
and other good and valuable consideration, paid in hand by the Authority
to the Owner, the receipt of which is hereby acknowledged, it is agreed
by the parties hereto as follows:
1. In the event that the Gwner shall desire to sell the Property
hereinabove described, he shall notify the Authority in writing, of his
intention to do so and deposit with the Authority an amount equal to
.So of the estimated value of the Property. The Authority shall
immediately advertise the Property for sale by competitive bid submitted
by qualified purchasers (as hereinafter defined). The Owner may accept
the highest bid; or, in the alternative, reject all bids and retain
ownership of the Property. If the Owner rejects all bids, he shall
forfeit his deposit. If the Owner sells the Property pursuant hereto,
ire shall pay the Authority an amount equal to one (1~) percent of the
sale price less the amount of deposit previously made.
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2, "nualifiec7 purchaser::"are those meeting the qualifications of
the Authority, which qualifici.ati-ons shall. be established annually by
resolution of the Authority, taY.ing into consideration employment,
length of residency, financial stability, net worth and maximum income,
and any and all other criteria adopted by the Authority reasonably
calculated to determine eligibility for middle income housing and
ability to finance the same. In no event shall any qualified purchasers
submit a bid for an amount which would result in his assuming obligations
in excess of any liability/income ratio established by the Authority.
3. In no event shall any Property be sold for an amount in excess
of
a. Owner's purchase price plus an increment equal to 6% of the
purchase price per annum from the date of purchase (prorated
at .5% monthly for any portion of a year); or at any other
rate mutually agreed upon by the Owner and the Flousing
Authority.
b. Plus the present value of all capital improvements made to
the Property (not to exceed 15% of the Owner's purchase
price), the value to be determined by mutual agreement
of the parties or by an appraiser mutually acceptable to
the parties. (The cost of such appraisal shall be born by
the Owner.)
c. Plus the present value of the Owner's pro rata share of
capital improvements made to the common elements and
assessed to the Owner by the home owner's association;
the value to be determined by mutual agreement of the
parties of by an appraiser mutually acceptable to the parties.
(The cost of such appraisal shall be born by the Owner).
d. Plus the ecst of any public improvements for which
assessments were imposed by any governmental or quasi-
governmental agency which have been paid during the
period of ownership.
In the event that a bid is received equal to or in excess of the maximum
resale price herein established, the Property shall be awarded to such
biddcr.at said maximum price; and in the event two or more such bids
are received, the winning bidder shall be selecl-ed by loiaery and, again,
the Property sold to him at no more than the maximum re_;ale price.
- ' -
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Nothing herein shall be construed to prevent tl~e Owner from rejecting
all bids and retaining ownership of the Property:
4. No owner shall permit any purchaser to assume any or all
of the Owner's customary closing costs nor accept any other consideration
such as to increase the purchase price or so as to otherwise induce the
owner to sell to said purchaser.
5. The following transfer of interests in the Property shall
(unless designed to avoid this right of first refusal) be exempt from
the right of first refusal hereinabove granted:
a. A transfer by operation of law of a deceased person's
interest to the surviving joint tenant.
b. A transfer of an interest by will or inheritance.
c. A transfer by genuine gift without any consideration therefore.
d. A transfer of an interest to a trustee for the benefit of
the Owner or the Owner's spouse or issue.
e. A transfer or conveyance by operation of law or otherwise
of an interest of an Owner to any other co-workers where
such co-oomers hold title on .the date of such transfer as
tenants-in-common or as joint tenants.
f. A transfer of an interest by Treasurer's deed pursuant to a
sale for delinquent taxes; or by a sheriff's or public or
private trustee's deed pursuant to a judgment execution or
foreclosure sale, but only for debts constituting a purchase
money mortgage or incurred for those reimbursable capital
improvements described in Sections 3b and c.
Provided, however, anything above to the contrary notwithstanding, in
the event that the Property shall be transferred in any manner described
in paragraphs (a) through (f), the transferee, hi_s grantees or successors
in interest, shall be bound by the terms and conditions of this Agreement
in the same manner and degree as if no exempt transfer had occurred.
6. In the event that any Property burdened hereunder be sold and
conveyed without compliance herewith, such sale shall be wholly null
and void and shall confer no title whatsoever upon the intended purchaser.
Fach and every conveyance of the Properti~ shall he, for all purposes,
deemed to include and incorporate by reference in such instrument of
conveyance, even without reference hereto, the covenants herein contained.
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7. In the event that the Owner desires to lease the above
described Property Owner shall give written notice of such intention
to the Authority which shall have, for a period of thirty (30) days
subsequent to receipt of such notice, an option to undertake the
rental of the Property for the term described by the Owner and at a
rental rate not to exceed the Owner's monthly expenses for the costs
of principal and interest payments; ta>:es, property insurance, home
owners' association fees and assessments, utilities, plus an additional
Twenty ($20.00) Dollars and a reasonable (refundable) security deposit.
All rental proceeds shall be payable to the Oom er. Nothing herein shall
be construed to require the Authority to indemnify the Owner against any
losses attributable to the rental including (not by way of limitation)
non-payment of rent or damage to the premises; nor to require the
Authority to provide the rental of the premises under the provisions
of this paragraph.
8. The owner agrees that, in the event he changes his domicile
or ceases to utilize the Property as his sole and exclusive place of
residence, he will offer the same for sale pursuant to the provisions
of this Agreement. The Owner shall be deemed to have changed his
domicile by becoming a resident or accepting permanent employment
elsewhere, or residing on the Property for fewer than nine (9) months
per year. If the Housing Authority feels there is probable cause
for violation, it has the right to inspect the property to verify
residency.
9. Any notice which is required to be given hereunder shall be
given by mailing the same, certified mail, to any address provided
herein or given as the current mailing address of the party.
10. The provisions of this Agreement shall be covenants running
with the land, be binding upon the Ov,ner and the Authority, his or its
heirs, successors, and assigns (and enforceable by any of them) and
shall run for the period of life ofUie survivor of the present Board
of Commissioners of the Authority plus twenty-one (21) years.
11. The term "Owner" as used herein shall refer to any and all
persons, male or female, having an ownership interest in the Property
which is the subject of this Agreement.
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12. At the time of any sale of the Froperty pursuant to the
terms of this agreement, the Owner shall provide (at his cost) title
insurance (or other evidence of title); and any taxes, assessments,
utility bills, etc., shall be prorated to the date of closing.
13. There is `hereby reserved to the parties hereto any and all
remedies provided by law for breach of this Aareement or any of its
terms.
14. The Owner acknowledges that he has read and fully understands
and accepts the terms and conditions of this Agreement limiting the
resale and rental of the Property; and further acknowledges that he
is relying upon no oral representations qualifying or limiting the
terms hereof.
IN WITNESS WHE'_:EOF, the parties hereto have executed this
instrument on the day and year above first written.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
OWI~TER
MAILING ADDRESS
The foregoing instrument was acknowledged before me this
day of
198 , by
Witness my hand and official seal.
My commission expires:
NOTARY FUBLIC
ACCEPTAP]CE BY HOUSIPIG AUTHORITY'
The foregoing grant and its terms are accepted by the HOUSING
AUTHORITY OF THE COUNTY OF PITKIN, COLORADO.
ATTEST:
Secretary
HOUSING AUTHORITY OF THE
COUNTY OF PITKIPI, COLORADO
Michael Kinsley, Chairman
Board of Commissioners
506 E. Main St.
Aspen, Colorado 31611
(Mailing Address)
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COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of _ 198_, by Michael Y.insley, Chairman of the
Board of Commissioners and , Secretary of
the HOUSING AUTHORITY OF THE COUNTY OF PITKIN, COLORADO. Witness my
hand and official seal.
Notary Public
My Commission Expires:
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P,ic.h and D- Lamm
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April 8, 1981
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Patricia R. Flood
Wright-McLaughlin Engineers
0139 Ventnor Avenue
Aspen CO 81611
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Frank ASRf)+bf. ~Pi~KIR G0.
Exe~ygpy~fp~OFFfCE
Re: Plans and Specifications Review for Sewer Line Extension for
Aspen highlands Subdivision
Gentlemen:
This is to inform you that the plans and specifications for your sewer
line extension have been-reviewed by the Water Quality Control Division
and they conform to the Colorado Department of Health Criteria Used in
the Review of Wastewater Treatment Facilities. This review is subject
to the follow.-ing rendition:
A certification from the engineer must be furnished prior to
commencement of operation stating that the facilities were
constructed as shown on the plans submitted or a justifica-
tion by the engineer and/or operating entity of any changes
that were made.
This review does not relieve the owner from compliance with all county
regulations prior to construction nor from responsibility for proper
engineering, construction, and operation of the facility.
Please retain this letter for your permanent records.
Very truly yours,
FOR DIRECTOR, WATER QUALITY CONTROL DIVISION
erry C. Biberstine, P.E.
District Engineer
JCB/zp
cc: Aspen Metro Sanitation Dist
Pitkin County Planning
Pitkin County Health
Denver Office
File
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
pitkin county
506 east main street
aspen, Colorado 81811
M E M O R A N D U M
T0: Richard Grice, Planning Office
FROM: Patrick bobie, County Engineer
DATE: March 19, 1981
RE: Aspen Highlands Final Plat
I have reviewed the Final Plat together with the Declaration of
Restrictions, and improvements agreements for the bus stop and
paving of Glen Gary South Road. I found them acceptable and
recommend approval of this final submission.
~~
MEMORANDUM
T0: Board of County Commissioners
FROM: Richard Grice, Planning Office
RE: Highlands Subdivision, Filing #2, Detailed Submission
DATE: February 19, 1981
The BOCC approved PMH rezoning for the 2.57 acre site to be used for 16 multi-
family PMH dwelling units and general submission for the proposed multi-family
development and the eight free market homesites on December 22, 1980 with
Resolution #80-111 (included in your packet).
The following are combined Planning Office and referral agency comments
regarding the current status of the applicants' compliance with each condition
of approval:
1. This condition required the finalization of water supply plans. The
applicants have, as yet, been unable to conclude their water supply
negotiations. In the interest of time, the Planning Office was
requested and agreed to process the detailed submission with the
understanding that an agreement will be forthcoming prior to final
plat. The Planning and Zoning Commission agreed with this deviation
from that condition of general submission approval.
2. The detailed submission contains the note required in the general
submission approval that ",..No building permit will be issued without
a soils report."
3. Proof of public access to the homesites and lots has been provided.
4. Road plans and specifications have been submitted in conformance with
the County Code for all new roads. The County Engineer comments that
the submittal meets the requirements for a '"paved local access road."
5. An improvements agreement along with a letter of credit from the
Central Bank of Denver that guarantees construction of the bus stop
facility along Maroon Creek Road are included in the submission.
The County Attorney has approved this agreement as to form.
6. The assignment of water rights has not been accomplished. The appli-
cant is willing to make an assignment at such time as the water sup-
ply plan is finalized.
7. A survey delineating property boundaries and utility easements has
been submitted and approved by the County Engineer.
8. The drainage plan submitted for the entire subdivision has been
approved by the County Engineer.
9. This condition required that the applicant attempt to form an improve-
ment district for the paving of those roads which would benefit the
members of the prospective improvement district, i.e., Glen Dee and
x Glen Gary Drive. The second portion of this condition required that
in the event the district is not formed prior to the Commissioners'
consideration of the detailed submission, then the Commissioners will
reconsider the road improvements standards, bui; in any event, improve-
ments to chip and seal design standards are required. The Planning
Office and County Engineer are of the opinion that new roads to serve
subdivisions in the Aspen Metro Area should be paved instead of chip
and sealed. We recommend that the new roads being constructed be
paved as a condition of approval.
10. The applicant has agreed to provide screening for owners adjacent to
the PPiH project on request as was required in the general submission
approval.
< ~~
Memo: Highlands Subdivision, Filing #2, Detailed Submission
February 19, 1981
Page Two
11. The County Engineer tells us that "Maroon Creek Road has sufficient
width in the location of the PMH lot and the bus pull-out is already
in place."
12. The dedication of easements for access to the drainage pipe from the
pond to Maroon Creek is indicated on the plat in a form satisfactory
to the County Engineer.
13. We have been supplied with a resale agreement which has been approved
by the County Housing Director and restricts the use of the property
to the middle income category. This agreement will serve as a perma-
nent restriction on the property.
The County Planning and Zoning Commission reviewed and recommended approval
of the submission on February 4, 1981 subject to the following conditions:
1. The applicant shall finalize water supply plans and execute a contract
for water service by the City of Aspen or Aspen Highlands Water and
Sanitation District, and
2. The applicant shall make an assignment of water rights to run with the
land, and
-- - 3. The applicant shall agree to pave Glen Dee Drive from the entrance of
the PMH project to Maroon Creek Road, and
4. Condition Ho. 10 from the general submission approval resolution shall
be amended to provide for the adjacent property owners to work with
the County Engineer to determine appropriate screening technique.
The Planning Office concurs with the Planning and Zoning Commission's recom-
mendation with one addition:
-~-, °'~ !~ ~~i5un~y
5. The applicant all adree~to pave tbe~new r-oa'~s ihdt,%#h ale "' 1
,sta,ag'#a~y~ie~ the,jfew fr~~, mdrk~~(~),otsq~y/p-~~'~,- ~~~~~~„
i ~ (/~~ ~ -w~G~ PC~~~/ ~VRIv~ S6~ .
~ ~
. . \ -~ o~ ~Q,o~ CD 0.'C _~11.~I , QJLJ ,
~~`~~
pitkin county
506 east main street
aspen, Colorado 81611
MEf40RANDUM
T0: Richard Grice, Planning Office "p~
FROM: Patrick Dobie, County Engineer ~0'
DATE: February 4, 1981
RE: Aspen Highlands Detailed Submission
As a follow-up to my memo dated 1-29-81, the applicant has
satisfactorily corrected his plat to conform to the technical
requirement of the Land Use Code.
'~lith respect to the conditions contained in the general
submission resolution (80-111):
#3 - Proof of public access has been documented.
#4 - Road plans and specifications were submitted meeting
the requirement fora paved local access road.
#5 - A facilities, construction and maintenance agreement was
submitted; to date I have not seen this agreement. However,
the County Attorney has, and it apparently seems acceptable.
#6 - The assignment of water rights will be handled at final
plat when the water supply matter is handled and when the
covenants are submitted.
#7 - The plat addresses this requirement.
#8 - The drainage plan is satisfactory.
#9 - The status of the improvements district is uncertain.
If this district is not formed, then the requirements
for road improvements will remain the responsibility
of the applicant. This will be included in the final
improvements agreement.
#10 - This will be handled when requested.
#11 - Maroon Creek Road has sufficient width in the location of
the PMH lot and the bus pullout is already in place.
#12 - This easement is indicated on the plat.
,
ROCKY MOUNTAIN NATURAL GAS COMPANY, INC.
0132 AtldntlC AVe• ASaE N,COLORA00 Bt6tt . (303)925-2323
December 8, 1980
To whom it may concern:
I have looked over the preliminary plans for the PMH
20 unit Highlands Villas, also for the 8 free market lots of
filing #2. I see no problem with serving these units when
desired.
We have a 2" high pressure line on the south side of
Maroon Creek Road extending above the site. we also have an
intermediate pressure line thru out the #1 filing in the
Highlands subdivision, with two (2) short 1'~" intermediate
extensions. We will have gas being made available at all of
the lot boundries.
I will move approximatly 75 feet of 3/4" intermediate
pressure line, which is presently in a position to be under
one of the proposed buildings.
The cost, if the customer does the excavation would be
$1.50 per foot or $112.50.
The 1$ extension in the easement to serve lots #1,2& 3
would be approximatly 425 feet. Again if the customer excavates,
the cost would be $1.75 per foor or $743.75.
At the upper area off of Glen Eagle Dr. down the easement
to serve lots #7 & #8 would be approximatly 400 feet at $1.75
per foot or $700.00.
The total cost of these additions would total approximatly
$1556.25.
My only concern with installing these lines, is that we
retain at least a4 foot separation from the burried electricity
lines. This is just a safety factor and should be watched
closely.
I hope this answers your questions and if there are further
problems, please contact me at the office of Rocky Mountain
Natural Gas Co., Inc. at 925-2323 or 0132 Atlantic Ave. Aspen.
Than You
G/7
Willa~~la er~~
PP
District Manager - Aspen
Rocky Mountain Natural
Gas Company Inc.
~_
Customer Request 4i CRO-SO-064
Billing Job ~i
CONTRACT
THIS AGREEMENT, Made this 3RD day of DECEMBER , 19 80 , between
ASPEN HIGHI AND SKI f ORPORATION P O BOX T - ARPFN f0i ORAT)O Ri ht 9
^ ~O MR TIM GTZNT7FT
hereinafter referred to as the "Customer", and Mountain Bell, a Colorado Corpor-
ation, hereinafter referred to as the "Telephone Company".
{VITNESSETH:
WHEREAS, The Customer has requested the Telephone Company to relocate cer-
tain (overhead/~~agar~d) communication facilities to an (underground location)
(Bdcecaczaactcaoauc~nomhmond, to wit: RELOCATE AERIAL CABLE TO A BURIED
LOCATION AT MAROON CREEK ROAD - ASPEN
WHEREAS, The feasibility of the requested relocation project has been
reviewed by representatives of the Telephone Company, and
WHEREAS, The Telephone Company is willing to make the requested relocation
of communication facilities at a cost to the Customer not to exceed the actual
expense incurred by the Telephone Company.
NOW, THEREFORE, in consideration of the agreements herein contained, the
parties agree as follows:
1. Prior to the commencement o€ the relocation project, a suitable and
acceptable easement, or right-of-way will be obtained by Mountain Bell at the
sole expense of Customer.
2. The Customer agrees to pay to the Telephone Company its actual cost
of relocating its communication facilities including but not limited to engin-
eering costs and costs associated with any damage occasioned to real or personal
property as a result of such relocation. Subsequent to the execution of this
Agreement, the Telephone Company will provide Customer its estimated costs.
Estimated Costs are based upon the most economical method of performing the
work operation; extenuating circumstances or changes brought about by the
Owner before o• during the work operation that increases costs will be in-
cluded when actual costs are compiled. The Customer will submit to the Company
the full amount of estimated costs which are $6.382.00 prior to commencement and
scheduling of the relocation project. Upon completion of the relocation, the
Telephone Company will provide the Customer an itemized statement of the actual
costs incurred in relocating its communication facilities. In the event actual
cost is less than the estimated cost, the Telephone Company will reimburse Cus-
tomer the difference between the estimated funds held by the Telephone Company
and the actual costs. In the event the actual costs are more than the estimated
costs, the Customer agrees to pay the Telephone Company the balance within thirty
(30) days of receipt of a statement therefore. In the event the Customer chooses
to abandon the relocation project at any time subsequent to the execution of this
agreement, Customer agrees to pay the Telephone Company its actual costs incurred
up to the date of such abandonment, including engineering costs. Customer shall
bear all costs of providing easements, including all survey costs and quitclaim
costs as required.
w
3. The Telephone~~mpany 4~.1i .• ~ c its commc 'ration facilities as
aforementioned. However, the Tel«r '.~• ,;o,:~pany need n`d"Lr make any relocation
','' nd rearrangement which, in the juti3em~n[ of the Telephone Company representatives,
will endanger the safety of Telephone '.;om~,ny empl-. 'e s, or will violate the
provisions of the National Electrical Saf~•cy Code.
4. The Telephone Company shall be under no obligation whatsoever and
the Customer assumes all responsibility to contact and make arrangement with
any power company, railroad, telegraph or other telephone company, either for
the relocation of wires and equipment or [he temporary disconnection of the
transmission of electricity by such other company. The Telephone Company shall
be under no obligation to perform any relocation under this contract until
relocations, if any, have been made by any third persons, such as power companies,
railroads, telegraph or other telephone companies, when such relocations are
necessary in the Telephone Company's opinion in order for the Telephone
Company to relocate its communication facilities.
5. The customer releases and discharges The Telephone Company from and
against any and all losses, claims, demands, actions, causes of action, costs,
expenses, and attorneys` fees whatsoever growing out of injury to or death of
persons whomsoever, or loss or destruction of or damage to property whatsoever,
when any such injury, death, loss, destruction or damage is a result, directly
or indirectly, in whole or in part, of the negligence, o~ act or omission of the
customer, his agents or employees. The customer further agrees to indemnify and
save harmless the Telephone Company from any and all losses, claims, demands,
actions, causes of action, costs, expenses, and attorneys' fees whatsoever .
growing out of injury to or death of persons whomsoever or loss or destruction
or damage to property whatsoever which arise, in whole or in part, either
directly it indirectly, as a result. of the negligence, or other act or omission
of the customer, his agents or employees with regard to the relocation project
or operation.
If any provision of the Agreement or portioi thereof is adjudged to be
void or unenforceable by any court of competent jurisdiction, the same shall not
affect the remainder of that provision or of the Agreement, and this Agreement
shall then be consrr++vd ac'if c~,r_h unenforceable provision or portion thereof
had never been contained herein.
IN WITNESS SiHEREOF, the parties have caused this instrument to be executed
the day and year first above written.
CUSTOMER
(NAME)
MOUNTAIN BELL '
Br !~'~~vos . ~ c~
(ADDRESS)
WITNESS:
TITLE (for) COLORADO STATE CLAIMS AGENT
1005 17th Street, Room 1190-1
Denver, Colorado 80202
(303) 624-6616
Mountain Bell
- ~-~ ,•_.
Gle - a~' ., r r7-
__. '~O~ 7''',^.~c. _' (~'t ~
'~~r,,. 1 J~~.l,f. lCl.. ~~=11'.c 1 'l`: :~ -. rc] I rl°~~ ~ TO -•i /~•'.
~ ~EIE~~~OnC c., ~-~'iEC _._~'- .: .. '*'". '_~ ... n ^7_ 'i ~::7
:, 0:~".:.115=.iOi-~ 1:7. i.
?, t~'n ,1'.~i?1 RE1.1 ,_ • ^ti-~-.liCr iOT ~='.'_n. `C1 C.0.-.Oi"ip .-~.j Cr
1n ~:1C ~. "'!' ~. f~lOlln':C.1n BC1_1 i g •_. T>1"1V£:':.C '111' ~=1C'S
co vn- nc' ~_.~ ~-,ch, ; ~ rE~ui^ :ec ~. e P~~b1_i,^.
Llr, 1 i _i~ "o-,.~.ission ~_rc': for 1n`-el _ tc '.rtes i^
i"C "l~ ~tC( 2." t,_e ~eCCr.':..1 (, O?~?^:Ln1C<L10nS r0:~15°1OP..
.. - C~. C'J ~?-0?7C -..C11 ~_':i ('°. ?~^~'E n0'=. ':JFE?1 2°~.CP.UC-':' ~O
inch>i dur•1 10` ~ .
~'-. ~_% pori^tC.C Of ~C~lE"'ll1C ~Or 171=••.tc_llr ~'~iOn rO.r tc C111 `1 r.c
__• ' '_ _^E" r_^.i'70 :_ 'fie "iVe^. _-',; ~ ~1'.C _'111 - .
SDBC1f1Gd ~_nOr'"_.-_•t10n C"^ ve ..°ll")DIiC'd _. -el CD'1C?nC
f.-c ilities re-+~irec'. Loon rccci*?` b; ioun' ~~ir. 011
OL '~e '"e Glll rCii~2n°s, 1t :. _- bE C'1e':e7-..11n E! _... .: C:.r•':~C1^.
cosh c,; l~ be borne b-_> ciie dct.>elo•~er or :':e ~u°cn• ~c-c
of 52i C lots.
"7.^-_.~_se be advised _-_^t ~.s o` tiffs ?•ri~in~, co r:~it--~~r.~ for
rot>idir,~ service cannot be ne` un!.il studies ire co:~nlete~.
i:r'=.e Stl<die5 "ill O` n2CGSS1i.V rjP P!~;.de llD0". :~eCe1D:= ~~`.'
ounccin ~^ll o` ._ sc-it>iccs rnd loci i one of service
re~uirEd bt, '.Le developer or orners.
i_O'S '~rLl'
V~ r°~En~Cr
";a~~~ine
l K~LY CROSS=LEC"I~RIC ASSOCIALION, 1NC
.. AREA CODE
1301 GI<ANU AVENUE ~~/^l 303
1'. O. UkAWER 150 / 0 945 - 5491
GLENWOOU SN RIN GS, COLORADO 81601 945-6056
November 14, 1980
Aspen Highlands
Mr. Jim Wentzel
P.O. Box T
Aspen, CO 81612
RE: Aspen Highlands Subdivision, Filing 2
and Highlands Villas
Dear Mr. Wentzel:
Be it known that Holy Cross Electric Association, Inc. has existing
power lines in the vicinity of the above mentioned projects, and is
capable of providing electric service. Required power line
extensions are subject to the tariffs, rules and regulations of
Holy Cross Electric Association, Inc. and are dependent upon the
completion of appropriate contractual arrangements.
If you desire further information, please feel free to contact me.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
/~
Ken Roberts,
Engineering Department
KR:lsz
MEMORAfJDUM
T0: Pitkin County Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Highlands Subdivision, Filing #2, Detailed Submission
DATE: January 29, 1981
The BOCC approved the Highlands Subdivision on December 22, 1980 with
Resolution #80-111 (included in your packet).
The applicant has yet to satisfy the County Engineer regarding a number of
the conditions; therefore, none of Pat's comments are currently available.
There is, however, no disagreement between the applicant and staff. We have
been promised that all engineering concerns will be satisfied throroughly
and completely by Friday, January 30th. Pat Dobie will be available at
your February 4, 1981 meeting on Wednesday to comment on Conditions #3, 4,
7, 8, 10 and 12.
The following are Planning Office comments regarding the current status of
the applicant's compliance with each condition of approval:
1. The applicantshave~s yet been unable to conclude their water supply
negotiations. In the interest of time, the Planning Office was
requested and agreed to process the detailed submission with the
understanding that an agreement will be forthcoming prior to
Final Plat. We hope the Commission agrees with this deviation from
that condition of general submission approval.
2. The submission contains a note requiring that "No building permit
will be issued without a soils report."
3. Engineering's comments not available.
4. Engineering's comments not available.
5. An Improvements Agreement along with a Letter of Credit from the
Central Bank of Denver that guarantees construction of the bus stop
facility along Maroon Creek Road. The County Attorney has approved
this agreement as to form.
6. The assignment of water rights has not been accomplished. The appli-
cant is willing to make the assignment at such time as the water
supply plan is finalized.
7. Engineering comments not available.
8. Engineering comments not available.
9. The applicant is having some success in attempting to form the paving
district. Several property owners have already agreed to join. We
feel that the applicant is working on meeting this condition with
due diligence. The County Engineer may have more to say on this
subject.
10. The applicant has agreed to provide screening for owners adjacent to
the PMH project on request.
11. The County Engineer has verbally stated at a BOCC meeting that addi-
tional dedication for three-laning Maroon Creek Road is not needed.
Therefore, this dedication has not been made even though the appli-
cant would be willing to do so.
12. Engineering comments not available.
Memo: Highland-Subdivision Detailed Submission
'~. January 29, 19£Y~»
Page Two
13. Housing Director comments not available.
The Planning Office recommends tabling the application due to the number of
deficiencies in the submission and the lack of referral agency comments.
pitkin county
506 east main street
aspen, Colorado 8'16'1'1
MEMORANDUM
T0: Richard Grice, Planning Office (~
Sunny Vann, Planning Office i\l'
FROM: Patrick Dobie, County Engineer
DATE: January 29, 1981
RE: Aspen Highlands Detailed Submission
There are numerous technical problems with this plat as submitted.
Several weeks ago, I met with the applicants and explained what
was needed before I could properly review the submission. To
date, I have not received the modified plans. However, the
applicant has agreed to make the necessary changes'~and re-
submit the revised plat by Friday, January 30th. Assuming
that these changes have been made, I recommend approval.
The only matter left for discussion is the magnitude of road
improvements. The BOCC suggested that the Highlands pave the
access roads and reconstruct the intersection. Highlands
submitted a plan for the intersection reconfiguration and I
recommend approval of the application subject to these improve-
ments. The subject of paving the roads should be open for
discussion.
pitkin county
A
i
TO: RICHARD GRIC
FROM: JIM HAMILTON .
DATE: JANUARY 29'~ 1981
C~f
MEMORANDUM ~
~{ ~'
r 4'• ~.
~,:.
RE: HIGHLANDS DETAILED SUBMISSION
506 east main street
aspen, Colorado 8'16'1'1
~ ~ ' -y-xy-t~~
~~ ;,-
Attached please find a resale agreement which will serve as a permanent restric-
tion on the property. The agreement will restrict the property to the middle
income catagory and satisfies item number 14 of the approval resolution for general
submission.
JH:pb
..-.
R `~
j,' ,
If
ASPEN HIGHLANDS SKIING CORPORATION
January 20, 1981
Dear
As you are probably aware, Aspen Highlands received General Submission
Approval on November 10, 1980, to subdivide eight (8) new lots out of a 12 acre
_ parcel within the subdivision. These lots all in excess of 30,000 square feet
in size, surround the present Whip Jones residence. (Map #2 attached, shows
the exact location.) Lots #. 1, 2, and 3, will be contiguous to Glen Gary Dr.
Lot #8, will be contiguous to Glen Dee Dr. and Lots #4, 5, 6, and 7, will be served
from Glen Eagle Dr.
At the time of their approval, the Pitkin County Commissioners instructed us
to attempt to form a Public Improvement District for the aving of Glen Eagle Dr.
The reason for this is the desire of the County to up-grade subdivision roads to
a higher standard, in order to eliminate dust problems created by car traffic.
An additional benefit of having this done however, is that the County will then
maintain the road, which of course is not the case now. In the past, various
members of the subdivision have tried to raise money for this project without
much luck.
Ir. order to discuss this with you, we first asked Elam Construction Co. to
provide a cost estimate for the work. Elam advised us that to do all of Glen
Eagle Dr. from the entry at Maroon Creek Rd. to and including the cul-de-sac at the
end (2,580 feet) with a standard 20 foot wide, 2 inch asphalt mat, would cost
approximately $45,000.
The next step now, is to determine how many of the property owners having
property contiguous to Glen Eagle Dr. would like to see this work done. iYe have
attached a list and map (#3) of those property owners we believe are contiguous.
It appears that there are presently 20 contiguous lots with 4 new ones to be
added by our subdivision for a total of 24. You will have to advise us, if we
are in error. If the number of interested residents is great enough, we will then
as a group have to decide whether to go ahead with a district or if 100% of the
contiguous lots would agree, just share the cost on a fair basis without the
complexities of a district. It appears that in the latter case, each lot owner
would have to come up with $1,800 - $2,000.
If less than 100% of the contiguous residents wanted to pave Glen Eagle Dr,
the only fair method would likely be an Improvement District. In that case, the
cost could be paid by either selling a bond or Aspen Highlands may front the money.
Post Olflce Dox T. Aspen. Colorodo E1611 U.S.A. 1-909.923.5900
,:.. z
Page
In either case, the money would be repaid by an increased property tax mill levy
to all contiguous property owners, whether or not those owners signed the petition
in favor of the district. The amount of the mill levy increase depends on the bond
terms, etc. For discussion purposes however, it could increase taxes several
hundred dollars per year, until the bond is paid off.
We hope you will help us in determining if it is important to you to have Glen
Eagle Dr. paved. Please do this by answering the brief questions on the attached
sheet and return it to me by February 5, 1981. Aself-addressed envelope is enclosed
for your convenience. As soon as we receive the responses, we will advise everyone
of the outcome either by letter or special meeting.
' Sincerely yours,
Jim Wentzel
Special Projects Director
JPW:bb
Enc:
PUBLIC IMPROVEhfENT DISTRICT QUESTIONNAIRE
HIGHLANDS SUBDIVISION
- I am in favor of paving Glen Eagle Dr
work is:
- Public Improvement District
- Pro-rata sharing cost
COMMENTS:
My preferred method of financing the
- I am not in favor of paving Glen Eagle Dr. My reasons are:
CObtdENTS
PROPERTY OFYNER
LOT N0.
DATE.
Aspen/Pitk~~ _: ` _ning Office
130 sot ~°" ` treet
aspen;' 1611
MEMORANDUM
TO: Aspen Water Department
Sandy Stuller, County Attorney
Pat Dobie, County Engineer
Jim Hamilton, County Housing Director
Bob Nelson, Environmental Health Office
FROM: Richard Grice, Planning Office
RE: Highlands Subdivision, Filing #2, Detailed Submission
DATE: December 23, 1980
The attached materials comprise the detailed submission for the Aspen
Highlands 1980 Growth Management subdivision application. This application
is scheduled to come before the Pitkin County Planning and Zoning Commis-
sion on January 21, 1981; therefore, I will need your comments by
January 12, 1981. Thank you.
~~
~.
ASPEN HIGHLANDS SUBDIVISION FILING N0. 2 AND
HIGHLANDS VILLAS DETAILED SUBMISSION AND FINAL PLAT SUBMISSION
This document, combined with the maps, drawings, and attachments
submitted herewith comprise the detailed submission and the final plat
submission pursuant to Sections 6-4 and 6-5 of the Pitkin County Land Use
Code for the Aspen Highlands Subdivision filing No. 2 and Highlands
Villas Subdivision. The first portion of this document will delineate
how the applicant has addressed the conditions placed on the general
submission approval. The second portion of the document will delineate
how the applicant has addressed each requirement of detailed submission.
The third portion of this document will delineate how the applicant
has addressed each requirement of the final plat submission.
I.
GENERAL SUBMISSION CONDITIONS AS SET FORTH IN RESOLUTION N0. 80-111
1. Water Plans. For the past twelve months the applicant has been
negotiating with both the City of Aspen and the Aspen Highlands
[dater & Sanitation District in an attempt to finalize an agreement
between the City and/or Aspen Highlands Water and Sanitation
District to provide treated water to this development. The
applicant, through his representatives, met with John Musick,
Jim Markalunas, and other city officials on December 10, 1980.
Based on that meeting applicant is confident that an agreement
will be signed prior to final plat approval.
The applicant does acknowledge that an agreement must be
executed prior to final plat approval.
2. Note Concerning Soils Report. See Sheets 2 and 3 of final plat.
3. Proof of Public Access. See sheet 3 of final plat.
4. Road Plans and Specifications. See engineering drawings 3, 4, b 5.
5. Facilities, Construction and Maintenance Agreement. See the
condominium declaration and improvement agreements both attached
hereto.
6. Assignment of Water Rights. This will be accomplished provided that
an appropriate contract is negotiated between either the city of
Aspen or the Aspen Highlands Water and Sanitation District.
,,~
.. ~..r
7. Property Doundaries and Utility Easements. See the final plat,
sheets 1 through 3 and supplemental drawings sheets 1 and two.
8. Drainage Plan. See water, sanitation and drainage drawings sheets
1 and two.
9. Improvement District for Glen Eagle Drive and Glen Garry Drive
Extension. The general submission resolution mentions Glen Dee
Drive however since the paving of Glen Dee Drive will in no way
benefit the members of the prospective improvement district the
applicant submits that what clearly was meant was the paving of
Glen Garry Drive Extension and not Glen Dee Drive.
The applicant is in the process of attempting to form an
improvement district in order to pave Glen Eagle Drive and Glen
Gary Drive Extension as required by paragraph 9 of the general
submission resolution. The applicant understands and agrees to the
fact that if the improvement district is not formed by the time
the County Commissioners review this detailed submission and the
final plat submission the commissioners shall reconsider the -
road improvement standards.
10. Screening. The applicant agrees to the conditions set forth in
paragraph 9 and will construct either landscaping or solid fencing
as required by the county engineer.
11. Dedication of Road Easement. The county engineer has indicated that
there is sufficient right of way to three lane Maroon Creek Road.
Although the applicant is willing to dedicate such property, it
is the understanding of the applicant that, upon the county
engineer's recommendation, no such dedication is required. However,
if the dedication for three laning of the road or the bus stop is
required the applicant will make the appropriate amendments.
12. Dedication for Easement to Pond. See page 3 of final plat.
13. PPiH Deed Restrictions. See the condominium declaration attached
hereto for the PMH Units in addition the applicant specifically
agrees that the deed restriction required by this paragraph
will be placed on the units prior to the sale of said units.
- 2 -
ydl~°4~
~M
lI•
4
¢/
llETAILED SUBMISSION REQIIIREMENTS
6-4.2 (d) (1) See sheets 2 and 3 of the final plat.
(2) For Pr41 sites see architectural drawings, sheet 1.
(3) See sheet 2 of the final plat and sheets 1, 2, 3, 4, 5 of
the engineering drawings.
(4) The only dedication which is applicable under this section
is that of the park which is shown on sheet 3 of the final
plat.
(5)
(6) See sheets 1 and 2 of the engineering drawings.
(7) See sheets 2 and 3 of the final plat and sheets 1 and 2 of
the supplemental drawings.
(8) See section 3 above.
(9) See sheets 2 and 3 of the final plat.
(10) See the sheets 3, 4, and 5 of the engineering drawings.
(11) See sheet 1-of the engineering drawings.
(12) See sheets 1 and 2 of the engineering drawings and sheets
2 and 3 of the final plat.
(13) See sheets 1 and 2 of the water, sanitation and drainage
drawings.
(e) See Section 1 above.
(f) (1) Most recent sale price of land
The subject property is part of a larger parcel acquired
by 47hipple Lan Ness Jones by deed dated February 20, 1956
from the Roaring Fork Land and Cattle Company at a purchase
price of $60,000. The deed caas recorded in the Pitkin
County Clerk and Recorder's Office on February 28, 1956 in
Book 164 at Page 474. A correction deed concerning the
same parcel was recorded on Plarch 3, 196 in Book 165 at
Page 372.
(2) A. Description and Cost of ?Mork Done Toward Development:
Soils Analysis $ 1,444.75
Architectural
Attorneys
13,641.32
20.108.43
- 3 -
..~,
.r
Water, Secaer 6 llrainage
Engineers $ 5,669.23
Surveying _7,475.00
48,339.23
Estimated Cost of Ldork done but
not billed at December 19, 1980 10,000.00
TOTAL $58,339.23
B. Expected Future Cost of Development:
1. Highlands Villas: (Sales price will be equal to or
less than cost of development)
Cost (16 units X $74,000.00) $1,184,000.00
Less Cost incurred in 2(.9)
above 58,339.00
TOTAL $1,125,661.00
2. highlands Subdivision II:
Roads $ 64,400.00
Sewer and Drainage 55,801.00
Utilities (Electric, Gas,
Telephone 53,390.00
I~liscellaneous 20,000.00
TOTAL S193,591.00
3. Highlands Villas - 16 units, 952 square feet each
Aspen Highlands Subdivision II - 8 lots, minimum
30,000 square feet each
4. Highlands Villas - Build-out time schedule:
May 1, 1981 - Begin excavation and construction of
water systems, drainage, retaining
walls, etc.
June 1, 1981 - Begin construction on building
foundations.
July 1, 1981 - Begin setting modular units.
September 1, 1931 - Estimated occupancy of units.
Aspen Highlands Subdivision II - There is no scheduled
date to begin selling these lots. At
the time lots are projected to be sold,
all roads, utility extensions called for
on the final plat c,~ill be installed.
5. Highlands Villas - These units will he sold fee simple.
The sale price will be $74,000.00.
Aspen Highlands Subdivision II - These lots are not
expected to be sold within two years,
therefore no sale price is projected.
6. See Appraisal dated December, 1930 by High Country
Appraisal Associates, ^tAl.
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(g) See architectural drawings Lot 10 sheets 1 through 4
(1) See architectural drawings sheet 2.
(2) See architectural drawings sheet 4.
6-4.3 The applicant states that the maps submitted herewith meet the
requirements of a through d of this section.
6-4.5 Procedures subsequent to detailed submission. As mentioned, this is
both the detailed and final plat submission, therefore the applicant
will address the requirements of this section below.
(a) Improvements Agreement - See the improvements agreement attached
hereto. Security for the building of the improvements as provided
by letter of credit from Central Bank in Denver, a copy of that
letter of credit is attached to this submission.
(b) Improvements Maintenance - See condominium declaration whereby
the condominium association for the PMH units is required to
maintain the bus stop.
III.
FINAL PLAT SUBMISSION
6-5.2 (a) The application is this document.
(b) (1) The final plat was prepared by David McBride of Survey
Engineers, a registered land surveyor.
(2 thru 19) See sheets 1, 2, and 3 of the final plat. The
applicant submits that all requirements set forth therein
are met in sheets 1 through 3 of the final plat.
(20) A. Certificate of Ownership. See the certificate of
ownership from Stewart Title attached hereto.
B. Proof of Easement Dedication. See sheets 1, 2 and 3
of the final plat.
C. State and County Highway Access Permit. Idot applicable.
D. Park Dedication. The park which is being used for the
park dedication is dedicated on the final plat and
therefore no agreement is necessary.
E. Certification by Agencies. Is not applicable at this time.
F. The Improvements Agreement. See improvements agreement
attached hereto.
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G. Additional Renorts. Not applicable at this time.
H. Improvement Maintenance Agreement. See the condominium
declaration whereby the condominium association maintains
the bus stop.
CONCLUSION
The applicant submits that this document along with the maps, drawings
and attachments submitted herewith meet all requirements for the detailed
plat submission and final plat submission and therefore respectfully
requests approval of same.
Ashley Anderson
Attorney for Aspen Highlands Skiing Corp.
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IMPROVEMENTS AGREEMENT
WHEREAS, Aspen Highlands Skiing Corporation has submitted an application
for approval of the Aspen highlands Subdivision Filing No. 2 and Highlands
Villas Subdivision.
WHEREAS, in Resolution 80-111 the Pitkin County Commissioners approved
the General Submission for the above referenced subdivision and whereas
as a condition of that approval the applicant has agreed to build a bus
stop facility along Plaroon Creek Road at an approximate cost of $12,650.00.
NOid THEREFORE, Pitkin County and Aspen Highlands Skiing Corporation
hereby make the following agreement.
1. Construction of Facilities
The Aspen Highlands Skiing Corporation
hereby specifically agrees to build a bus stop facility as such facilities are
described on Sheet 2-4 of the Detailed Submission drawings.
2. Date to be completed. If the Highlands Villas are in fact constructed
and completed by December 1, 1980 then the Aspen Highlands Skiing Corporation
hereby specifically agrees to construct the bus pull off facilities by that
date.
3. Security. The cost of the bus pull off facilities shall be
$12,650.00 and if said facility is not constructed pursuant to this agree-
went then Pitkin County shall have the following three options: 1) The
county engineer shall be allowed to construct said facility and pay for same
through the letter of credit from the Central Bank of Denver attached hereto;
2) Pitkin County may require Aspen iighlands to build the facility itself;
3) Pitkin County may draw the funds from the above mentioned letter of credit
and not build the facility.
In witness whereof, the parties hereto execute this agreement this
day of
1981.
By:
Aspen Highlands Skiing Corp.
A~p~prow~e/d~ as to form:
Sandra M. Stuller
Pitkin County Attorney
~sy:
Pitkin County
, r.,,. ti.
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owner of
SEE EXHIBIT "A" ATTACHED
Situated in the County of Pitkin, State of Colorado, appears io be vested in the
name of
ASPEN HIGHLANDS SKIING CORPORATION, A
DELAWARE CORPORATION AND WHIPPLE VAN NESS JONES
and that the above described property appears to be subject to the following:
1.Deed of Trust from Whipple Van Ness Jones and Aspen Highlands Skiing Corporation
to the Public Trustee of Pitkin County for the use of Central Bank of Denver to
secure $1,250,000.00 dated September 1, 1976 and recorded September 30, 1976 in
Book 317 at page 397.
2.Deed of Trust from Whipple Van Ness Jones and Aspen Highlands Skiing Corporation
to the Public Trustee of Pitkin County for the use of Central Bank of Denver to
secure $150,000.00 dated March 3, 1977 and recorded April 5, 1977 in Book 326
at page 820.
3.Deed of Trust from Whipple Van Ness Jones and Aspen Highlands Skiing Corporation
to the Public Trustee of Pitkin County for the use of Central Bank of Denver to
secure $1,850,000.00 dated June 1, 1977 and recorded June 6, 1977 in Book 329
at page 942.
4.Statement of Lien against Aspen Highlands Skiing Corporation by Grand Junction
Electric Company in the amount of $7,016.22 recorded January 11, 1978 in Book
341 at page 902.
S.Deed of Trust from Whipple Van Ness Jones and Aspen Highland Skiing Corporation
to the Public Trustee of Pitkin County for the use of Central Bank of Denver to
secure $525,000.00 dated July 1, 1978 and recorded July 28, 1978 in Book 352 at
page 145.
6.Deed of Trust from Whipple Van Ness Jones and Aspen Highlands Skiing Corporation
to the Public Trustee of Pitkin County for the use of Central Bank of Denver to
secure $1,090,000.00 dated June 30, 1979 and recorded August 3, 1979 in Book 373
at page 604.
7.Deed of Trust from Whipple Van Ness Jones and Aspen Highlands Skiing Corporation
to the Public Trustee of Pitkin County for the use of Central Bank of Denver to
secure $700,000.00 dated July 22, 1980 and recorded August 7, 1980 in Book 392
at page 813.
8.Easements and rights of way of record, as described on EXHIBIT "B" attached.
Although we believe the facts stated are true, this Certificate is not to be construed
as an abstract of title, nor an opinion of title, nor a guaranty of title, and
it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes,
nor will be charged with any financial obligation or liability whatever on any
statement contained herein.
Dated at Aspen, Colorado, this 16th day of December A.D. 1980 at 8:00 A.M.
STE T OF'~ASPEN, INC.
Y
ut ized Si nature
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EXkIIBIT "A"
A tract of land situated in the E~ of the NW's and the SW'-;, of the NWT;, of Section
14, Township 10 South, Range 85 West of the 6th P.M., described as follows:
BEGINNING at a point being S 34°48'05" W. 1,373.96 feet from the North % corner
of Section 14, being the Northeast corner of Lot 2, Aspen Highlands Subdivision.
Thence along the exterior boundary of the Aspen Highlands Subdivision as follows:
Thence along a curve to the left whose radius is 142.34 feet, a distance of 77.14
feet (chord bears S. 59°59'30" E. 76.20 feet);
thence S. 14°29' W. 170.00 feet;
thence S. 38°45' E. 459.35 feet;
thence N. 75°24' E. 200.00 feet;
Thence along the westerly edge of the southerly extension of Glen Gary Drive as
described in Book 201 at page 69 of Pitkin County Records as follows:
Thence S. 14°36' E. 159.00 feet;
thence along a curve to the right whose radius is 558.67 feet, a distance of 427.52
feet (chord bears S. 07°19'22" W. 417.17 feet);
Thence along a curve to the left whose radius is 438.77 feet, a distance of 179.93
feet (chord bears S. 17°29'51" W. 178.68 feet);
Thence S. OS°45' W. 13.50 feet;
Thence along a curve to the right whose radius is 462.51 feet, a distance of 28.67
feet (chord bears S. 07°31'32" W. 28.66 feet);
Thence along the northerly boundary of that parcel of land described in Book 282
at page 111, Pitkin County Records as follows:
Thence N. 68°44'20" W. 58.32 feet;
thence N. 33°47' W. 212.05 feet;
Thence along the northerly boundary of that parcel described in Book 192 at page
320, Pitkin County Records as follows:
Thence N. 38°46' W. 114.24 feet;
Thence S. 59°37'32" W. 243.25 feet;
Thence along the northeasterly boundary of that parcel of land described in Book
247 at page 461, Pitkin County Records as follows:
Thence N. 38°46' W. 192.60 feet;
Thence N. 47°35' W. 134.35 feet;
Thence along the southerly boundary of the northwesterly 30 feet of that parcel
of land described in Book 247 at page 461, Pitkin County Records as follows:
Thence S. 29°54' W. 73.12 feet;
Thence S. 73°02'30" W. 87.37 feet;
Thence along a line that is 30 feet southerly of the southerly boundary of that
parcel of land described in Book 194 at page 484, Pitkin County Records as follows:
Thence S. 84°11' W. 84.45 feet;
Thence N. 49°O1' W. 57.15 feet;
Thence N. 22°32' W. 54.76 feet;
Thence N. 08°15' W. 65.88 feet;
Thence along the easterly and northerly boundary of that parcel of land described
in Book 188 at page 17, Pitkin County Records as follows: (Note tie used for this
parcel was assumed to be to the witness corner to the west Z corner of Section
14 and Not the west '-L corner of Section 14)
Thence N. OS°56' E. 19.63 feet;
(continued on page A2)
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Thence N. 60°41' W. 237.89 feet more or less to the easterly R.O.W. of the Pfaroon
Creek County Road;
Thence along the easterly R.O.W. of the Maroon Creek County Road as follows:
r Thence N. 29°19' E. 86.23 feet;
Thence along a curve to the right whose radius is 802.13 feet, a distance of 144.20
feet (chord bears N. 34°28' E. 144.00 feet)
Thence N. 39°37' E. 393.26 feet;
Thence S. 32°04' E. 28.40 feet along the southerly line of Lot 1, Aspen Highlands
Subdivision;
Thence along the westerly, southerly and easterly boundary of that parcel of land
described in Book 194 at page 484, Pitkin County Records as follows:
Thence 5. 11°34'30"
Thence S. O1°29'45"
Thence S. 13°52'15"
Thence S. 20°28'30"
Thence S. (bearing
thence S. 22°32' E.
thence S. 49°O1' E.
thence N. 84°11' E.
Thence N. 73°02'30"
Thence N. 29°54' E.
Thence N. 24°33' E.
Thence N. 16°19' W.
Thence N. 34°53' W.
Thence N. 44°50' W.
W. 86.46 feet;
W. 165.95 feet;
W. 108.06 feet;
W. 294.43 feet;
and distance illegible);
43.94 feet;
37.11 feet;
68.54 feet;
E. 72.58 feet;
140.95 feet;
279.44 feet;
59.16 feet;
39.43 feet;
135.80 feet;
Thence N. 34°09' E. 438.07 feet along the exterior boundary of Aspen Highlands
Subdivision to the point of beginning.
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EXHIBIT "B"
A strip of land 20 feet in width as conveyed to Dorothy M. Wiltrout by Right-of-Way
. Deed recorded January 25, 1960 in Book 189 at page 592.
Right-of-Way easement being 15 feet in width as conveyed to Carl J. Nicoulin, Jr.
and Marita M. Nicoulin by Warranty Deed recorded September 13, 1962 in Book 199
at page 194.
Easement for ingress and egress being 60 feet in width as conveyed to Lee C. Hermann
and Joanne C. Hermann by Warranty Deed recorded January 9, 1963 in Book 201 at page
69.
Easement for ingress and egress and utilities being 20 feet in width as conveyed
to Giles F. Filley and Mary Brown Filley by Warranty Deed recorded September, 1965
in Book 215 at page 340.
Road easement being 20 feet in width as conveyed to Jody Kingrey by Warranty Deed
recorded February 18, 1969 in Book 239 at page 382.
Sewer Easement being 15 feet in width as conveyed to Aspen Metropolitan Sanitation
District by Deed of Easement recorded November 26, 1969 in Book 244 at page 692.
`'~~`~~w ~ - ~l~ ~ ~ s ~ -~
Sc~~ i~~ 7. ~s
CONDOMINIUM DECLARATION
FOR HIGHLANDS VILLAS
THIS DECLARATION is made this day of
by the ASPEN HIGHLANDS SKIING CORP.
1. DEFINITIONS
1.1 Declarant. "Declarant" means the Aspen Highlands Skiing Corp.
1980
1.2 Real Property. "Real Property" means the real property located in
Pitkin County Colorado, described in Exhibit A attached hereto,
together with all rights and interests appurtenant thereto.
1.3 Building. "Building" means any building constructed on the
Real Property.
1.4 Project. "Project" means the Real Property, the Buildings and
all other improvements on the Real Property.
1.5 Condominium Map. "Condominium Map" means the Condominium Map
for Highlands Villas subdivision filed or to be filed in the records in
the office of the Clerk and Recorder of Pitkin County, Colorado.
1.6 Condominium Unit. "Condominium Unit" means an Individual Air
Space Unit of any multi-family structure (consisting of an enclosed room or
rooms occupying all or part of a floor or floors in a multi-family building)
together with undivided interest in the Common Elements appurtenant to that
Individual Space as set forth hereinafter. The condominium Unit is shown on
the Condominium Map and is identified thereon with a number. The boundaries,
the walls, floors and ceilings which mark the perimeter boundaries of the
Individual Space. The exact boundaries of an Individual Space for the
interior surfaces of such walls, floors and ceilings which mark the
perimeter boundaries and, those found along such walls, floors and ceilings,
the interior surfaces of windows and doors in their closed position. Any
Common Elements, as hereinafter defined, which may be owned by the Owner
of the Unit of which the Individual Space is a part. Any Common Element,
as hereinafter defined, which may consist of an enclosed room or rooms shall
nevertheless remain Common Elements even if numbered like an Individual
Space on the Condominium Map.
1.7 Common Elements.* "Common Elements" means all of the Project, except
the portions thereof which constitute Condominium Units, and also means all
parts of the Buildings or any facilities and fixtures which may be within
a Condominium Unit which are or may be necessary or convenient to the
support, existence, use, occupancy, operation, maintenance, repair, or
safety of the Buildings or any part thereof or any other Condominium
Unit therein. Without limiting the generality of the foregoing; the
following shall constitute Common Elements: (a) all of the land and
easements which are part of the Real Property; (b) all foundations,
columns, girders, beams and supports of the Buildings; (c) the exterior
walls of the Buildings, the main or bearing walls within the Buildings,
the main or bearing subflooring and the roofs of the Buildings; (d) all
entrances, exits, stairs, walks, landings and fire escapes not within the
Individual Space; (e) all utility, storage, service and maintenance rooms
or space and all crawl space; (f) all fixtures, apparatus, installations
and facilities for power, light, gas, telephone, television, hot water,
cold water, heating, refrigeration, air conditioning, incineration
or similar utility service or maintenance purposes, provided they do not
exist solely for or to serve a condominium unit in which they may be
*Shall include Limited Common Elements for all purposes herein except
with respect to the right of exclusive use.
}--,
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located, including furnaces, tanks, pumps, motors, fans, compressors,
vents, ducts, flues, wires, pipes, conduits and other similar fixtures,
apparatus, installations and facilities. (g) the parking area and driveway areas.
(h) bus stop facility.
1.8 Limited Common Elements. "Limited Common Elements" means those
parts of the General Common Elements which are either limited to and
reserved for the exclusive use of an owner of a Condominium Unit or are
limited to and reserved for the common use of more than one but fewer than
all of the condominium unit owners.
1.9 Owner. "Owner" means the person or persons or entity or entities,
including Declarant, who own fee simple title to the Condominium Unit
most nearly equivalent to fee simple title. The term Owner shall not include
the owner or owners of any lesser estate or interest.
1.10 Guest. "Guest" means any customer, agent, employee, tenant,
guest or invitee or an Owner, and any person or entity, not an Owner, who
has acquired any title or interest in a Condominium Unit by, through or
under an Owner, including a lessee, licensee or mortgagee, and any customer,
agent employee, tenant, guest or invitee of such a person or entity.
1.11 Mortgagee. "Mortgagee" means any person or persons or entity
or entities who is a mortgagee under a mortgage or a beneficiary under a
deed of trust or similar security instrument encumbering a Condominium
Unit.
1.12 Association. "Association" means the Highlands Villas
Homeowners Association, a Colorado nonprofit corporation, its successors
and assigns.
1.13 Points. "Points" are numerical figures assigned to each
Individual Space tofix the proportionate interest of the Owner of that
Individual Space in.Common Elements, the propootionate voting power of
that Owner in the Association and the proportionate share of the total
assessments levied by the Association to be borne by that Owner. The
number of Points assigned to each Individual Space is set forth on
Exhibit B attached hereto. "Total Points" means the total number of
Points assigned for all Individual Space in the Project as set forth on
Exhibit B attached hereto.
1.15 Exhibits. The Exhibits to this Declaration are Exhibit A,
containing a description of the Real Property, and Exhibit B, listing the
Condominium Units and identifying the Points assigned to each.
II. DECLARATION AND EFFECT THEREOF
2.1 Declaration. Declarant for itself, its successors and assigns,
as owner of the Project, hereby declares that the Project shall at all
times be owned and held in condominium ownership under the Condominium
Ownership Act of the State of Colorado and shall at all times be owned,
held, used, and occupied subject to the provisions of the Declaration.
2.2 Division into Condominium Units. The Project is hereby divided
into Condominium Units, each consisting of a separate fee simple estate
in a particular Individual Space and an appurtenant undivided fee simple
interest in the Common Elements.
2.3 Undivided Interests in Common Elements. The undivided interest
in Common Elements appurtenant to a particular Individual Space is a
fraction, the numerator of which is the number of Points assigned to that
Individual Space as set forth in Exhibit B attached hereto and the
denominator of which is the Total Points in the Project as set forth in
Exhibit B attached hereto. Each Owner shall own his appurtenant undivided
interest in Common Elements as a tenant in common with all other Owners.
2.4 Limited Common Elements. A portion of the general common elements
is reserved for the exclusive use of individual owners of the respective
units. The limited common elements as reserved are shown on the Condominium
Hap.
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2.5 Description of a Condominium Unit. Any instrument affecting a
Condominium Unit may legally describe it by the Condominium Unit number
shown on Exhibit B attached hereto and shown on the Condominium Map. A
legal description of a Condominium Unit in the Project may be in the following
form:
Condominium Unit
Villas, Pitkin County, Colorado
Highlands
Any conveyance or other instrument affecting title to a Condominium Unit
or any part thereof describing the Condominium Unit in substantially
the foregoing form or otherwise describing the Condominium Unit shall be
deemed to include and describe the entire Condominium Unit including the
appurtenant undivided interest in Common Elements and all of the rights,
easements, obligations, limitations, encumbrances, covenants, conditions
and restrictions benefiting or burdening the Condominium Unit under the
terms of this Declaration.
Any reference to a Condominium Unit in the Highlands Villas
in any description shall mean a Condominium Unit in the Highlands
Villas according to the Condominium Map and this Declaration, all as filed
and recorded in the office of the Clerk and Recorder of Pitkin County,
Colorado.
2.6 Duration of Condominium Ownership. The condominium ownership
of the Project created under this declaration shall continue until this
Declaration is terminated or revoked as hereinafter provided.
2.7 Inseparability of Condominium Unit. The interest of an Owner in
an Individual Space and the Appurtenant undivided interest in Common
Elements which constitute a Condominium Unit shall be inseparable for
the period of condominium ownership hereinabove described.
2.8 Partition of Common Elements not Permitted. The Common Elements
shall be owned in common by all Owners of Condominium Units, and no Owner
may bring any action for partition thereof.
2.9 Ad Valorem Taxation. All taxes, assessments and other charges
of the State of Colorado or of any political subdivision or of any special
improvement district or of any other taxing or assessing authority shall
be assessed against and collected on each Condominium Unit separately
and not on the Buildings or Project as a whole and each Condominium
Unit shall be carried on the tax books as a separate and distinct parcel.
For the purpose of valuation for assessment, the valuation of the Common
Elements shall be apportioned among the Condominium Units in proportion
to the fractional undivided interests in Common Elements appurtenant to
and part of the Condominium Units. The association shall deliver to the
County Assessor of Pitkin County, Colorado a written notice as required
by the Condominium Ownership Act of Colorado, setting forth descriptions
of the Condominium Units and shall furnish all necessary information with
respect to such apportionment of valuation of Common Elements for assess-
ment. The lien for taxes assessed to any Condominium Unit shall be
confined to that Condominium Unit. No forfeiture or sale of any Condominium
Unit for delinquent taxes, assessments or other govenmental charges shall
divest or in any way affect the title to any other Condominium Unit.
2.10 Mechanics Liens. No labor performed or materials furnished
for use in connection with any Condominium Unit with the consent or at
the request of the Owner thereof or his agent,contractor or subcontractor
shall create any right to file a statement of mechanic's lien against the
Condominium Unit of any other Owner not expressly consenting to or requesting
the same or against any interest in the Common Elements except the undivided
interest therein appurtenant to the Condominium Unit of the Owner for
whom such labor shall have been performed and such materials shall have
been performed and such materials shall have been furnished. Each Owner
shall indemnify and hold harmless each of the other Owners from and against
liability or loss arising from the claim of any lien against the Condominium
Unit, or any part thereof, or any other Owner for labor performed or for
materials furnished in work on the first Owner's Condominium Unit. At
the written request of any Owner, the Association shall enforce such
indemnity by collecting from the Owner of the Condominium Unit on which
the labor was performed and materials furnished the amount necessary to
discharge any such lien, including all costs incidental thereto, including
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attorney's fees. If not promptly paid, the Association may collect
the same in the manner provided herein for collection of assessments.
III. VARIOUS RIGHTS AND EASEMENTS
3.1 Owner's Rights in General Common Elements. Subject to the other
provisions of the Declaration, each Owner, and each Owner's Guests, shall
have a nonexclusive right to use and enjoy the Common Elements, provided
there is no hindrance or encroachment upon the rights of use and enjoyment
of other owners.
3.2 Owner's Rights in Individual Space. Subject to the other provisions
of this Declaration, each Owner shall have full and complete dominion and
ownership of the Individual Space which is part of the Condominium Unit
owned by such Owner and such Owner and such Owner's Guests shall have
the exclusive right to use and enjoy the same.
Each Owner shall. have the right to paint, repaipt, tile, wax, paper
and otherwise refinish and decorate the interior surfaces of the walls,
ceilings, floors and doors which are the boundaries of his Individual Space
and the walls, ceilings, floors and doors within the boundaries of his
Individual Space.
3.3 Association Rights. The Association shall have a nonexclusive right
and easement to make such use of the Common Elements and Individual
Space as may be necessary or appropriate for it to perform the duties
and functions which it is obligated or permitted to perform under this
Declaration; provided, however, that any entry into Individual Space shall
be made with as little inconvenience as practicable to the Owner and that
any damage to the Condominium Unit entered shall be repaired by, and at
the expense of, the Association.
3.4 Access for Utility Companies. There i5 hereby specifically
reserved for the benefit of the companies providing electric, water
telephone and cable television, a right of access over and across all
Common Elements to each unit surface element for the purpose of terminating
service.
3.5 Owner's Easements for Access, Support and Utilities. Each
Owner shall have a nonexclusive easement for access between the Individual
Space which is part of the Condominium Unit of such Owner and public roads
and streets, over the land, walks, and exterior access and other easements
which may be part of the Common Elements. Each Owner shall have a
nonexclusive easement in and over Common Elements, including Common Elements
within the Individual Space of another Owner, for horizontal and lateral
support of the Individual Space which is part of his Condominium Unit and
for utility service to that Individual Space, including water, sewer,
gas, electricity, telephone and television service.
3.6 Easements for Encroachments. If any part of the Common Elements
encroaches or shall hereafter encroach upon an Individual Space, an
easement for such encroachment and for the maintenance of the same shall
and does exist. If any part of an Individual Space encroaches or shall
hereafter encroach upon the Common Elements, or upon another Individual
Space, the Owner of that Individual Space shall and does have an easement
for such encroachment and for the maintenance of the same. Such encroach-
ments shall not be considered to be encumbrances either on the Common
Elements or an Individual Space. Encroachments referred to herein include,
but are not limited to, encroachments caused by error in the original
construction of the building, by error in the Condominium Map, by settling,
rising, or shifting of the earth, or by changes in position caused by
repair or reconstruction of the Project or any part thereof.
3.7 Easements in Individual Space for Repair, Maintenance, and
Replacement. Some of the Common Elements are or may be located within
an Individual Space or may be conveniently accessible only through an
Individual Space. Each Owner shall have an easement, which may be exercised
by the Association as his agent, and the Association shall have an easement
for access to each Individual Space and to all Common Elements from time
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to time during such reasonable hours as may be necessary for the maintenance,
repair or replacement of any of the Common Elements located therein or
accessible therefrom or for making emergency repairs therein necessary to
prevent damage to the Common Elements or to any Individual Space.
3.8 Easements Deeded Appurtenant. The easements and rights herein
created for an Owner shall be appurtenant to the Condominium Unit of that
Owner and all conveyances of and other instruments affecting title to a
Condominium Unit shall be deemed to grant and reserve the easements and
rights as are provided for herein, even though no specific reference to
such easements appears in any such conveyance.
IV. CERTAIN RIGHTS AND OBLIGATIONS OF TAE ASSOC
4.1 Association as Attorney-in-Fact for Owners. The Association
is hereby irrevocably appointed by Declarant, as Owner of all Condominium
Units, as attorney-in-fact for Declarant and its successors and assigns
as Owners of Condominium Units and each of them to manage, control and
deal with the interest of such Owner in Common Elements so as to permit
the Association to fulfill all of its duties and obligations hereunder
and to exercise all of its rights hereunder, to deal with the Project upon
its destruction or obsolescence as hereinafter provided; and to deal with
and handle insurance and insurance proceeds and condemnation and condem-
nation awards in accordance with the provisions of this Declaration. The
acceptance by any person or entity of any interest in any Condominium Unit
shall constitute an appointment by that person or entity of the Association
as attorney-in-fact as above provided.
4.2 Common Elements and Utilities. The Association shall be obligated
to and shall provide for the care, operation, management, maintenance,
improvement, repair and replacement of the Common Elements and for
utility service to the Common Elements and to Condominium Units. Without
limiting the generality of the foregoing, said obligations shall include
keeping the Common Elements in good, clean, attractive and sanitary
condition, order and repair, removing snow and any other materials
from the Common Elements to permit access to the Project and the Individual
Space of any Condominium Unit; keeping the project safe, attractive
and desirable, this shall at a minimum require that the exterior be
oiled or painted at least once every three years; making necessary or
desirable alterations, additions, betterments or improvements to or on the
General Common Elements; and paying the Owner or user of the space served
thereby. No prior approval of Owners shall be required for such work but
prior approval of the Association, acting through its officers or Board
of Directors, shall be required for all such work.
4.3 Accounting, Billing and Record Y.eeping. The Association shall
maintain such records, keep such accounts and do such billing and collecting
as is needed in connection with its activities and under this Declaration.
The costs and expenses of such record keeping, accounting, billing and
collecting shall not be separately charged to particular Owners or Guests
but shall be part of the costs and expenses to be covered by regular
assessments.
4.4 Labor and Services. The Association may obtain and pay for the
services of any person or entity to manage its affairs, or any part thereof,
to the extent it deems advisable, as well as such other personnel as the
Association shall determine to be necessary or desirable for the proper
operation of the Project, whether such personnel are furnished or employed
directly by the Association or by any person or entity with whom or which
it contracts. The Association may obtain and pay for legal and accounting
services necessary or desirable in connection with the operation of the
Project or the enforcement of this Declaration. The Association may
arrange with others to furnish lighting, heating, water, trash collection,
sewer service and other common services to each Individual Space.
4.5 Personal Property of Association. The Association may acquire
and hold tangible and intangible personal property and may dispose of
the same by sale or otherwise. Subject to the rules and regulations of
the Association, each Owner may use such property. Upon termination of
condominium ownership of the Project and dissolution of the Association
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the beneficial interest in any such property shall be deemed to be owned by
the then Owners in the same proportion as their respective interests in
the Common Elements.
4.6 Rules and Regulations. The Association may make and enforce
reasonable and uniformly applied rules and regulations governing the
use of Individual Space and of Common Elements. The Association shall
make reasonable efforts to furnish each Owner with a written copy of each
rule or regulation adopted pursuant to this Section. The Association
may suspend any Owner's voting rights in the Association or right to use
any recreational facility which may be part of the Common Elements during
any period or periods during which such Owner fails to comply with such
rules and regulations or with any other obligations of such Owner under
this Declaration. The Association may also take judicial action against
any Owner to enforce compliance with such rules, regulations or other
obligations or to obtain damages for noncompliance.
4.7 Implied Rights. The Association shall have and may exercise
any right or privilege given to it expressly by this Declaration, or
reasonably to be implied from the provisions of this Declaration, or given
or implied by law, or which may be necessary or desirable to fulfill
its duties, obligations, rights or privileges.
V. THE ASSOCIATION
5.1 General Purposes and Powers. The Association has been or will
be incorporated to be and constitute the Association to which reference is
made in this Declaration, to perform functions and hold and manage property
as provided in this Declaration and to further the interests of Owners of
Condominium Units in the Project. It shall have all powers necessary or
desirable to effectuate these purposes.
5.2 Regular Membership. There shall be one Regular Membership in
the Association for each Condominium Unit, which Regular Membership
shall be appurtenant to the fee simple title to such Condominium Unit.
The Owner of a Condominium Unit shall automatically be the Owner of the
Regular Membership appurtenant to that Condominium Unit and title to and
ownership of the Regular Membership for the Condominium Unit shall auto-
matically pass with fee simple title to the Condominium Unit. Each Owner
of the Condominium Unit shall automatically be entitled to the benefits
and subject to the burdens relating to the Regular Membership for his
Condominium Unit. If fee simple title to a Condominium Unit is held by
more than one person or entity, the Regular Membership appurtenant to that
Condominium Unit shall be shared by all such persons or entities in the
same proportionate interest and by the same type of ownership as fee
simple title to the Condominium Unit is held. Regular Memberships in the
Association shall be limited to Owners of Condominium Units in the Project.
5.3 Declarant's Special Membership. Declarant shall have and be
deemed to hold a Special Membership in the Association for the period of
time beginning on the date of incorporation of the Association and ending
on the earlier of the fifth annual meeting of members of the Association
or the date Declarant owns five or fewer Units in the Project (the
"Period of Declarant's Special Membership"). As the Holder of this Special
Membership Declarant shall have the right to elect all members of the Board
of Directors of the Association for a period beginning on the date of
incorporation of the Association and ending at the time of the second annual
meeting of Members of the Association and the right to elect 60% of the
Members of the Board of Directors for a period beginning at the date of
the second annual meeting of Members of the Association and ending at the
time of expiration of the Period of Declarant's Special Membership. As
the holder of this Special Membership the approval of Declarant shall be
required as a condition to amendment of this Declaration, amendment to
the Articles of Incorporation of the Association, amendment to the By-Laws
of the Association, and to merger consolidation or dissolution of the Asso-
ciation but such rights shall terminate upon expiration of the Period of
Declarant's Special Membership.
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5.4 Board of Directors. The affairs of the Association shall be
managed by the Board of Directors which may, however, by resolution,
delegate any portion of its authority to an Executive Committee or other
committee appointed by the Board of Directors. Members of the Board of
Directors shall be elected annually by Owners subject to the right of
Declarant to elect all or 60% of the members of the Board of Directors for
the Period of Declarant's Special Membership as hereinabove provided.
The number and qualifications of Directors shall be as provided in the
Articles of Incorporation or By-Laws of the Association. As required by
the Condominium Ownership Act of Colorado, a Director must be an Owner
of a Condominium Unit.
5.5 Voting of Owners. Each Owner shall have one vote for each
Point assigned to his Condominium Unit. Unless otherwise provided in
the Articles of Incorporation or By-Laws of the Association, voting by
proxy shall be permitted and cumulative voting shall not be permitted.
5.6 Notices. Each Owner shall be entitled to notice of any meeting
at which such Owner has the right to vote. Notices of meetings shall be
in writing and shall state the date, time and place of the meeting and
shall indicate each matter to be voted on at the meeting which is known
to the Association at the time notice of the meeting is given. Such
notices shall be delivered not less than ten nor more than fifty days
before the date of the meeting. Any notice shall be deemed given and any
budget or other information or materials shall be deemed furnished or
delivered to a party at the time a copy thereof is deposited in the mail
or at a telegraph office, postage or charges prepaid, addressed to the
party, and in any event, when such party actually receives such notice,
information or material. Any notice, information or material shall be
deemed properly addressed to an Owner if it is addressed to the name and
address shown on the most recent written notice of name and address, if
any, furnished to the Association by such Owner or, if a name and address
is not so furnished, if it is addressed "To the Owner" at the address of
the Condominium Unit of such Owner.
5.7 Record Date. The Board of Directors of the Association shall
have the power to fix in advance a date as a record date for the purpose
of determining Owners entitled to notice of or to vote at any meeting or
to be furnished with any budget or other information or material, or in
order to make a determination of Owners for any purpose. The Owners
existing on any such record date shall be deemed the Owners for such
notice, vote meeting, furnishing of information or material or other purpose
and or any supplementary notice, or information or material with respect
to the same matter and for any adjournment of the same meeting. A record
date shall not be more than 50 days prior to the date on which the
particular action requiring determination of Owners is proposed or expected
to be taken or to occur. If no record date is established for a meeting,
the date on which notice of such meeting is first given to any Owner shall
be deemed the record date for the meeting.
5.8 Quorums. One-third of the votes entitled to vote on any matter
present, in person or by proxy, at the meeting to consider a matter, or
actually voting on the matter shall constitute a quorum for consideration
of a matter, except as a greater percentage of votes is required under
a specific provision of this Declaration. A majority of the votes cast
on the matter or, in the case of elections in which there are more than
two candidates, a plurality of votes cast, shall decide the r:.atter.
5.9 Articles of Incorporation and By-Laws. The purpose and
powers of the Association and rights and obligations with respect to
Owners of Pembership set forth in this Declaration may and shall be amplified
by provisions of the Articles of Incorporation and By-Laws of the Association,
including any reasonable provisions with respect to corporate matters,
but no such provisions may be, at any time, inconsistent with any provision
of this Declaration.
VI. ASSESSMENTS
6.1 Assessments-Generally. Each Owner shall be obligated to pay and
shall pay to the Association amounts as hereinafter provided based on
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each Point assigned to the Condominium Unit of such Owner which amounts
are herein called Assessments.
Subject to the provisions hereof, the Board of Directors of the
Association shall have the power and authority to determine all matters in
connection with Assessments including power and authority to determine
where, when and how Assessments should be paid to the Association, and
each Owner shall be required to comply with any such determinations.
6.2 Determination of Amount of Regular Assessments. The total
amount to be raised by regular Assessments shall be determined for each
fiscal period of the Association by the Board of Directors of the Association.
The amount to be raised by regular Assessments for any fiscal period shall
be that amount necessary to cover the costs and expenses of fulfilling
the functions and obligations of the Association in that fiscal period
plus an amount to provide a reasonable carry-over reserve for the next
fiscal period. The amount to be raised by regular assessments shall include
amounts necessary to cover obligations made in connection with, or contemplated
under, any previous budget.
To determine the total amount required to be raised by regular
assessments, the Board of Directors shall cause to be prepared a budget
for the fiscal period showing, in reasonable detail, the estimate costs
and expenses which will be payable in that fiscal period and for a
reasonable carry-over reserve and the estimated income and other funds
which will be available in that fiscal period. The Board of Directors
shall furnish a copy of the budget to any Owner upon request and the
budget shall require the approval of the Owners.
Except as emergencies may require, the Association shall make no
commitments of expenditures in excess of the funds reasonably expected
to be available to the Association.
6.3 Special Assessments for Capital Improvements. In addition to
regular assessments, the Association may levy special assessments, payable
over such a period as the Association may determine, for the purpose of
defraying, in whole or in part, to the extent the amounts in any capital
reserve fund are insufficient therefore, the cost of any construction or
reconstruction, repair or replacement of the Project of any part thereof,
or for any other expense incurred or to be incurred as provided in this
declaration.
6.4 Supplementary Assessments. In the event the amount received by
the Association on account of regular or special assessments is less than
the amount required by the Association, whether as a result of defaults
by some Owners in making payments or as a result of mistaken estimates in
budgeting or otherwise, the Board of Directors may, at any time, levy
supplementary assessments to cover the deficiency.
6.5 Apportionment of Assessments. The amount of any Assessment,
payable for each Point assigned to the Condominium Unit of an Owner shall
be computed by multiplying the total amount to be raised by Assessments
by a fraction, the numerator of which shall be one and the denominator
of which shall be the total number of Points assigned to all Condominium
Units in the Project.
6.6 Time for Payments. The amount of any Assessment, charge, fine,
penalty or other amount payable with respect to any Owner, or such Ocmer's
Guests or Condominium Unit shall become due and payable as specified
by the Board of Directors of the Association and, in any event, 30 days after
any notice of the amount due as to such assessment, charge, fine, penalty
or other amount shall have been given by the Association to such Owner, and
any such amount shall bear interest at the rate of 12% per annum (or such
lessor rate as the Board of Directors may, from time to time, by resolution,
fix) from the date due and payable until paid.
6.7 Lien for Assessments and Other Amounts. The Association shall
have a lien against each Condominium Unit to secure payment of any Assessment,
charge, fine, penalty or other amount (including long distance telephone
charges) due and owing to the Association with respect to the Owner of that
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Condominium Unit or with respect to such Owner's Guests or with respect
to the Condominium Unit plus interest from the date due and payable, plus
all costs and expenses of collecting the unpaid amount, including reasonable
attorney's fees. The lien may be foreclosed in the manner for foreclosure
of mortgages in the State of Colorado.
6.8 Liability of Owners, Purchasers and Encumbrances. The amount
of any Assessment, charge, fine or penalty payable with respect to any
Owner or Condominium Unit shall be a joint and several obligation to the
Association of such Owner and such Owner's heirs, personal representatives,
successors and assigns. A party acquiring fee simple title to a Condominium
Unit shall be jointly and severally liable with the former Owner for all
such amounts which had accrued and were payable at the time of the
acquisition of fee simple title to the Condominium Unit by such party
without prejudice to such party's right to recover any of said amounts
paid from the former Owner. Each such amount, together with interest
thereon, may be recovered by suit for a money judgment by the Association
without foreclosing or waiving any lien securing the same. Notwithstanding
the foregoing, the holder of a mortgage, deed of trust or other lien on
a Condominium Unit shall not be liable for any such Assessment, charge,
fine or penalty and the lien for any such Assessments, charges, fines
or penalties shall be junior to any lien or encumbrance on a Condominium
Unit taken in good faith and for value and perfected by recording in the
office of the County Clerk and Recorder of Pitkin County, Colorado,
prior to the time a notice of failure to pay any such amount is recorded
in said office, describing the Condominium Unit.
6.9 Estoppel Certificate. Upon payment of a reasonable fee as
determined from time to time by the Association and upon written request
of any Owner or any person with any right, title or interest in a Condo-
minium Unit or intending to acquire any right, title or interest in a
Condominium Unit, the Association shall furnish a written statement of
account setting forth the amount of any assessments, charges, f-fines or
penalties, if any, due or accrued and then unpaid with respect to a
Condominium Unit and the amount of the Assessment for the current fiscal
period of the Association payable with respect to the Condominium Unit,
which statement shall, with respect to the party to whom it is issued,
be conclusive against the Association and all parties, for all purposes,
that no greater or other amounts were then due or accrued and unpaid.
VII. USE AND OTHER RESTRICTIONS
7.1 Restrictions on Use. Each Individual Space shall be used for
residential purposes only and none shall be used for any commercial or
business purpose. No lands or structures within the Highlands Villas
shall ever be occupied or used in any manner which is contrary to any
zoning, subdivision or building restrictions of Pitkin County, State of
Colorado nor contrary to any rule or regulation promulgated by the Association
pursuant thereto.
7.2 Common Elements Restrictions. All use and occupancy of Common
Elements shall be subject to and governed by rules and regulations of
the Association. t1o Owner shall obstruct, damage or coimnit waste to
any of the Common Elements. No Qwner shall change, alter or repair or
store anything in or on any of the Common Elements without the prior
written consent of the Association.
7.3 No Imperiling of Insurance. No Owner shall do anything or cause
anything to be kept in or on the Project which might result in an increase
in the insurance premiums of insurance obtained for the Project or which
might cause cancellation of such insurance without the prior written
consent of the Association.
7.4 No Violation of Law. No Owner, guest or any other person on the
premises shall do anything or 1:eep anything in or on the Project which would
be in violation of any statute, rule, ordinance, regulation, permit or other
validly imposed requirement of any governmental body.
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7.5 No Noxious Offensive, Hazardous or Annoying Activities. No
noxious or offensive activity shall be carried on upon any part of the
Project nor shall anything be done or placed on or in any part of the
Project which is or may become a nuisance or cause embarrassment, dis-
turbance or annoyance to others. No activity shall be conducted on any
part of the Project and no improvements shall be made or constructed on
any part of the Project which are or might be unsafe or hazardous to any
person or property. No sound shall be emitted on any part of the Project
which is unreasonably loud or annoying. No odor shall be emitted on any
part of the Project which is noxious or offensive to others. No light
shall be emitted from any part of the Project which is unreasonably
bright or causes unreasonable glare.
7.6 No Unsightliness. No unsightliness shall be permitted on or
in any part of the Project. Without limiting the generality of the fore-
going nothing shall be kept or stored on or in any of the Common Elements,
nothing shall be hung or placed upon any of the Common Elements, and
nothing shall be placed on or in windows or doors of Individual Spaces
which would or might create an unsightly appearance.
7.7 Restriction on Signs. No signs or advertising devices of any
nature shall be erected or maintained on any part of the Project without
the prior written consent of the Association, provided, however, that
the Association shall not unreasonably withhold consent to the signs of
the Declarant during the period of sale of Condominium Units in the
Project.
7.8 Antennas. No radio, television or other type of antenna shall,
without the written consent of the Association, be installed or maintained
on the Buildings.
7.9 Restrictions on Animals. No dogs, cats, or other animals of
any kind shall be maintained, kept or harbored within any Individual Space,
on orin any of the Common Elements or within any area of the Highlands Villas,
it being understood that compliance with this restriction is a condition of
subdivision approval and this restriction may not be removed, varied, amended,
altered or abridged (the amendment provisions of Article X notwithstanding)
without the prior approval of the Board of County Commissioners of Pitkin
County, Colorado and Aspen Highlands Skiing Corp.
7.10 Maintenance of Individual Space and Common Elements. Each
Individual Space and all improvements, fixtures and furniture and equip-
ment therein and any Common Elements appurtenant to a Condominium Unit
shall be kept and maintained by the Owner of the Condominium Unit in a
clean, safe, attractive and sightly condition and in good repair. No
structural alterations within any Individual Space or with respect to any
Common Elements shall be made and no electrical, plumbing or similar work
within any Individual Space (except minor repair work localized within
the Individual Space not affecting these overall utility systems) shall
be done without the prior wiitten consent of the Association.
7.11 Owner Caused Damage. If, due to the act or neglect of an
Owner or guest, loss or damage shall be caused to any person or property,
including the Project or any Individual Space therein, such Owner shall be
liable and responsible for the same except to the extent that such damage or
loss is covered by insurance obtained by the Association and the carrier
of the insurance has waived its rights of subrogation against such Owner.
The amount of such loss or damage may be collected by the Association from
such Owner as a special assessment against such Owner, by legal proceedings
or otherwise, and such amount shall be secured by a lien on the Condominium
Unit of such Owner as provided elsewhere in this Declaration for assess-
ments or other charges.
7.12 No Impairment of Structural Integrity. Nothing shall be done,
without the written consent of the Association, in, on or to, any Condominium
Unit or the Common Elements, or any portion thereof, which might impair
the structural integrity of the Buildings or which would structurally
change the Building.
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7.13 No Violation of Rules. No Owner shall violate the provisions
of this Condominium Declaration or the rules and regulations accepted from
time to time by the Association whether relating to the use of the Condo-
minium Units, the use of the Common Elements or otherwise.
7.14 Responsibilities of Owners. Whenever this Condominium Declaration
or any rule or regulation of the Association prohibits any action of,
or assigns responsibility to, any Owner and any provision of the Declaration
or rule or regulation is violated by a tenant, licensee or Guest of any
Owner (or anyone occupying the premises with his consent), the Owner shall
be responsible for any such violation to the same extent as if he or she
had committed the same (except to the extent that such liability is
prohibited by law).
7.15 Restrictions on Resale. All units in the project are subject
to the requirements and guidelines of the Pitkin County Housing Authority
for middle income units.
7.16 Parking Space Restrictions. Each unit in the project is
restricted to a maximum of two parking spaces.
7.17 Prohibition of Abandoned Vehicles. tdo vehicle shall be kept
anywhere within the project for more than 24 hours without current license
plates and inspection sticker.
VII L INSURANCE
8.1 Insurance Requirements Generally. The Association shall obtain
and maintain in full force and effect at all times certain property,
liability and other insurance as hereinafter provided. All such insurance
shall be obtained, to the extent possible, from responsible companies duly
authorized to do insurance business in the State of Colorado. All such
insurance, to the extent possible, shall name the Association as the
insured, in its individual capacity and also either as attorney-in-fact
or trustee for all Owners.
The cost and expense of all insurance obtained by the Association,
except insurance covering additions, alterations or improvements made to
a Condominium Unit by an Owner or other insurance obtained at the request
of and specifically benefiting any particular Owner, shall be a common
expense to be covered by assessments as elsewhere provided in this
Declaration.
8.2 Property Insurance. The Association shall obtain and maintain
property insurance insuring-the Project and each Condominium Unit against
loss or damage by fire and such other hazards as are covered under standard
extended coverage policies, vandalism and malicious mi-chief and, if available
and is deemed appropriate by the Association war risk, for the full
insurable replacement cost of the Project, including each Unit. At the
option of the Association such insurance may also cover additions, alterations
or improvements to a Unit made by an Owner if the Owner reimburses the
Association for any additional premiums attributable to such cover age.
The Association shall not be obligated to apply any Insurance proceeds
to restore a Condominium Unit to a condition better than the condition
existing prior to the making of additions, alterations or improvements
by an Owner in the absence of insurance covering such additions, alterations
or improvements as aforesaid.
8.3 Public Liability and Property Damage Insurance. The Association
shall obtain and maintain comprehensive public liability and property
damage insurance coveirng personal liability and property damage liability
of the Association, its officers, directors, employees and agents and of
each Owner arising in connection with ownership, operation, maintenance,
occupancy or use of the Project or of any Condominium Unit in the Project
with limits of not less than $300,000 for each occurrence involving bodily
injury liability and/or property damage liability.
8.4 Insurance by Owners. Except to the extent coverage therefore
may be obtained by the Association and be satisfactory to an Owner, each
Owner shall be responsible for obtaining insurance he deems desirable
including insurance covering furnishings and personal property belonging
to that Owner and covering personal liability of that Owner.
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8.5 Receipt and Application of Insurance of Proceeds. Except as some
particular person has a legal right to receive insurance proceeds directly,
all insurance proceeds and recoveries shall be paid to and received by the
Association. All insurance proceeds or recoveries received by the Association
shall be applied by the Association: First, as expressly provided elsewhere
in this Declaration; second, to the Owners or persons who the Association
may determine are legally or equitably entitled thereto; and third, the
balance, if any, to Owners in proportion to their respective interests in
Common Elements.
8.6 Other Insurance by Association. The Association shall also have
the power or authority to obtain and maintain other and additional insurance
coverage, including casualty insurance covering personal property of the
Association, fidelity bonds or insurance covering employees and agents of
the Association and insurance indemnifying officers, directors, employees
and agents of the Association.
8.7 Owner-Increased Premiums. In the event that, as a consequence of
the hazardous use of any Condominium Unit, or of any Owner-installed improve-
ments to any Condominium Unit, the premiums of any policy of insurance
purchased by the Association are increased, or a special policy is required
the cost of such increase or specific policy shall be assessed to the Owner
of such Condominium Unit.
IX. DESTRUCTION, CONDEMNATION, OBSOLESCENCE, AND RESTORATION OR SALE OF
PROJECT.
9.1 Certain Definitions. The following terms shall have the following
definitions:
"Substantial Destruction" shall mean any casualty, damage or
destruction to the Project or any part thereof if the Estimate costs of
restoration less available funds are 50 percent or more of the estimated
restored value of the project. "Partial Destruction" shall mean any other
casualty, damage or destruction of the Project or any part thereof.
"Substantial Condemnation" shall mean the complete taking of the
Project or a taking of part of the Project under eminent domain or by
grant or conveyance in lieu of condemnation if the Estimated costs of
restoration less available funds are 50 percent or more of the estimated
restored value of the project. "Partial Condemnation" shall mean any
other such taking by eminent domain or by grant or conveyance in lieu
of eminent domain.
"Substantial Obsolescence" shall exist whenever 66 2/3 percent in
interest of the Owners determine, by vote, that substantial obsolescence
exists or whenever the Project or any part thereof has reached such a
state of obsolescence or disrepair that the estimated costs of restoration
less available funds are 50 percent or more of the estimated restored
value of the project. "Partial Obsolescence" shall mean any state of
obsolescence or disrepair which does not constitute substantial obsolescence.
"Restoration" in the case of any casualty, damage or destruction,
shall mean restoration of the project to the same or substantially the
same condition in which it existed prior to the casualty, damage or
destruction; in the case of condemnation, shall mean restoration of the
remaining portion of the project to as attractive, sound and desirable
condition as possible; and, in the case of obsolescence, shall mean
restoration of the project to a condition as attractive, sound and
desirable as possible.
"Restored Value" shall mean the value of the Project of restoration
as estimated by the Association.
"Available Funds" shall mean any proceeds of insurance or condemnation
awards or payments in lieu of condemnation and any uncommitted income or
funds of the Association other than the income or funds derived through
special assessments.
"Available Funds" shall not include that portion of insurance proceeds
legally required to be paid to another party, including a Mortgagee, or
that portion of any condemnation award or payment in lieu of condemnation
payable to the Owner of a Condemnation Unit containing Individual Space
for the condemnation or taking of that Owner's Individual Space.
9.2 Restoration of the Project. Restoration of the Project shall be
undertaken by the Association without a vote of Owners in the event of
io
Partial Obsolescence but shall be undertaken in the event of Substantial
Destruction, Substantial Condemnation or Substantial Obsolescence only
with the consent of 66 2/3% in interest of all Owners and 66 2/3% in
number of all Mortgagees. In the event the insurance proceeds actually
received exceed the cost of restoration when such restoration is undertaken
pursuant to this Section, the excess shall be paid and distributed to
each Owner, or Mortgagee of an Owner, in proportion of such Owner's
undivided interest in the Common Elements.
9.3 Sale of the Project. The Project shall be sold in the event
of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence
unless consent to Restoration has been obtained from 66 2/3% in interest
of all Owners and consent to Restoration of 66 2/3% in number of all
Mortgagees has been obtained. In the event of a sale, condominium ownership
under this Declaration shall terminate and the proceeds of sale and any
insurance proceeds, condemnation awards or payments in lieu of condemnation
shall be distributed by the Association to each Owner, or the Mortgagee of
an Owner, in proportion to such Owner's undivided interest in Common Elements.
9.4 Authority of Association to Restore or Sell. The Association,
as attorney-in-fact for each Owner, shall have full power and authority
to restore or to sell, as the case may be, the Project and each Unit in
the Project whenever Restoration or Sale, as the case may be, is to be
undertaken as hereinable provided. Such authority shall include the right
and power to enter into any contracts, deeds or other instruments which
may be necessary or appropriate for Restoration or Sale, as the case may be.
9.5 Payment of Proceeds. In the event of Substantial Destruction,
Condemnation or Obsolescence all insurance proceeds, proceeds of sale,
condemnation awards, or payments in lieu of condemnation shall be paid
to the Association, as trustee for all of the Owners and any Mortgagee,
as the interest of such Oomers and any such Mortgagee may appear.
9.6 Special Assessments for Restoration. Y7hen Restoration is to be
undertaken, the Association may levy and collect assessments from each owner
in proportion to each Owner's undivided interest in Common Elements,
payable over such period as the Association may determine, to cover the
costs and expenses of Restoration to the extent not covered by Available
Funds. Such special assessments shall be secured by a lien on the
Condominium Unit of each Owner as in the case of regular assessments.
Notwithstanding any otherprovision in this Declaration, Substantial
Condemnation or Substantital Obsolescence, any such special assessment
shall not be a personal obligation of any Owner who did not consent to
Restoration but, if not paid, may be recovered only by foreclosure of the
lien against the Condominium Unit of such Owner.
9.7 Receipt and Application of Condemnation Funds. All compensation,
damages or other proceeds constituting awards in condemnation or eminent
domain or payments in lieu of condemnation or eminent domain shall be
payable to the Association. The amount thereof allocable to compensation
for the taking or injury to the Individual Space within a particular
Condominium Unit or to improvements of an Owner therein shall be apportioned
to the Owner of that Condominium Unit except to the extent used for
Restoration of that Condominium Unit. The balance of the award shall
be applied to costs and expenses of Restoration, if undertaken, and, to
the extent not so applied, shall be allocated as follows: First, any
portion of the award allocable to the taking of or injury to Common
Elements shall be apportioned to Owners of Condominium Units with Individual
Space which was not taken or condemned in porportion to their respective
undivided interests in the Common Elements; and third, the amounts
allocated to consequential damages or for other purposes shall be appor-
tioned as the Association determined to be equitable under the circumstances.
9.8 Reorganization in the Event of Condemnation. In the event all of
the Individual Space of a Condominium Unit is taken in condemnation, the
Condominium Unit containing that individual Space shall cease to be part
of the Project, the Owner thereof shall cease to be a member of the Association,
and the undivided interest in Common Elements appurtenant to that Individual
Space shall automatically become vested in the Owners of the remaining
Condominium Units in proportion to their respective undivided interests
in the Common Elements. In the event part of the Individual Space of a
- 13 -
a_ ..,
Condominium Unit is taken in condemnation, the Points attributable to
the seduction in square footage of the Individual Space, and the undivided
interest of Owners in Common Elements and the voting rights and assess-
ment obligation of all Owners shall automatically be adjusted accordingly.
X. MISCELLANEOUS
10.1 Amendment and Termination. At any time until the first Condo-
minium Unit is conveyed by Declarant as reflected by a deed recorded in
the office of the County Clerk and Recorder of Pitkin County, Colorado,
Declarant may revoke this Declaration and the Condominium Map and terminate
condominium ownership of the Project by the recording of a written instru-
ment setting forth Declarant's intent to so revoke and terminate.
Except as otherwise provided, any provision contained in this
Declaration may be amended, or additional provisions may be added to this
Declaration, or this Declaration and condominium ownership of the Project
may be terminated or revoked, by the recording of a written instrument
or instruments specifying the amendment or addition or the fact of termina-
tion and revocation, executed by 66 2/3% in interest, based on undivided
interests in Common Elements, of all Owners and 66 2/3% in number of all
Mortgagees, as shown by the records in the office of the County Clerk
and Recorder of Pitkin County, Colorado, and with the approval of Declarant.
10.2 Effect of Provisions of Declaration. Each provision of this
Declaration, as the same may be amended from time to time, and an agree-
ment, promise, covenant and undertaking to comply with each such provision
of this Declaration, and any necessary exception or reservation or grant
of title, estate, right or interest to effectuate any such provision
of this Declaration: (a) shall be deemed incorporated in each deed or
other instrument by which any right, title or interest in the Project or in
any Condominium Unit is granted, devised or conveyed, whether or not set
for or referred to in such deed or other instrument; (b) shall by virtue
of acceptance of any right, title or interest in the Project or in any
Condominium Unit by an Owner, be deemed accepted, ratified, adopted and
declared as a personal covenant of such Owner, and, as a personal covenant,
shall be binding on such Owner and such Owner's heirs, personal representatives,
successors and assigns and, as a personal covenant to, with and for the
benefit of the Association but not to, with or for the benefit of any other
Owner; (c) shall be deemed a real covenant by Declarant, for itself, its
successors and assigns, and also an equitable servitude, running, in each
case, as a burden with and upon the title to the Project and each Condo-
minium Unit and, as a real covenant and also as an equitable servitude,
shall be deemed a covenant and servitude for the benefit of the Project
and each Condominium Unit; and (d) shall be deemed a covenant, obligation
and restriction secured by a lien in favor of the Association, burdening and
encumbering the title to the Project and each Condominium Unit in favor of
the Association.
10.3 Duration of Declaration. Each provision captioned in this
Declaration which is subject to the laws or rules sometimes referred to
as the rule against perpetuities or the rule prohibiting unreasonable
restraints or alienation shall continue and remain in full force and effect
for the period of twenty-one years following the death of the survivor of
the present Board of Commissioners of the Pitkin County Housing Authority
(consisting of Joseph E. Edwards, Jr., Michael P.insley and Robert Child)
or until this Declaration is terminated as hereinafter provided, which-
ever first occurs. All other provisions contained in this Declaration
shall continue and remain in full force and effect until condominium
ownership of the Project and this Declaration is terminated or revoked
as hereinafter provided.
10.4 Enforcement and Remedies. Each provision of this Declaration
with respect to an Owner or the Condominium Unit of an Owner shall be
enforceable by the Association by a proceeding for a prohibitive or
mandatory injunction or by a suit or action to recover damages, or,
in the discretion of the Association, for so long as any Owner fails to
comply with any such provisions, by denial of all voting rights of such
- 14 -
Owner and exclusion of such Owner and such Owner's Guests from use of any
Common Elements. If court proceedings are instituted in connection with
the rights of enforcement and remedies provided in this Declaration,
the prevailing party shall be entitled to recover its costs and expenses
in connection therewith, including reasonable attorney's fees.
10.5 Protection of Encumbrancer. No violation or breach of, or
failure to comply with any provision of this Declaration and no action
to enforce any such provision shall affect, defeat, render invalid or
impair the lien of any mortgage, deed of trust or other lien on any
Condominium Unit taken in good faith and for value and perfected by recording
in the office of the County Clerk and Recorder of Pitkin County, Colorado,
prior to the time of recording in said office of an instrument describing
the Condominium Unit and listing the name or names of the Owner or Owners
of fee simple title to the Condominium Unit and giving notice of such
violation, breach or failure to comply; nor shall such violation, breach
or failure to comply or action to enforce, affect, defeat, render invalid
or impair the title or interest of the holder of ,any such mortgage, deed
of trust, or other lien or the title or interest acquired by any purchaser
upon foreclosure of any such mortgage, deed of trust or other lien or
result of any liability, personal or otherwise, of any such holder or
purchaser. Any such purchaser on foreclosure shall, however, take subject
to this Declaration except only that violations or breaches of, or failures
to comply with, any provisions of this Declaration which occurred prior
to the vesting of fee simple title in such purchaser shall not be deemed
breaches or violations hereof or failures to comply herewith with respect
to such purchaser, his heir, personal representatives, successors or
assigns.
10.6 Limited Liability. Neither Declarant, the Association, the
Board of Directors of the Association, nor any member, agent or employee
of any of the same shall be liable to any party for any action or for any
failure to act with respect to any matter if the action taken or failure
to act was in good faith and without malice.
10.7 Successors and Assigns. This Declaration shall be binding upon
and shall inure to the benefit of the Association, and each Owner and
the heirs, personal representatives, successors and assigns of each.
10.8 Severability. Invalidity of unenforceability of any provision
of this Declaration in whole or in part shall not affect the validity or
enforceability of any other provision or any valid and enforceable part
of a provision of this Declaration.
10.9 Captions. The captions and headings on this instrument are
for convenience only and shall not be considered in construing any provisions
of this Declaration.
10.10 No Waiver. Failure to enforce any provisions of this Declaration
shall not operate as a waiver of any such provision or of any other provision
of this Declaration.
10.11 Utilities. The water and electric shall be separately metered in
each unit;and each unit owner shall be solely responsible for payment
of all utility bills, including water and electric.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day
and year first written above.
ATTEST:
Secretary
ASPEN HIGHLANDS SKIING CORP.
By
- 15 -
STATE OF COLORADO)
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of 1980 by
Witness my hand and official seal.
My commission expires:
Notary Public
EXITBIT "A"
LEGAL DESCRIPTION OF HIGHLANDS VILLAS PROPERTY
A tract of land situated in the E~ of the NWZ and the SW~ of
the NW'Z of Section 14, T10S, RSSW of the 6th P.M., Pitkin County, Colorado
described as follows:
Beginning at a point on the easterly R.O.W. of the Maroon Creek County
Road whence the North ~ corner of said Section 14 bears 2440°31'53"E 1,
744.23 ft.
Thence S32°04'E 28.40 ft. along the southerly line of Lot 1
Aspen Highlands Subdivision.
Thence along the westerly boundary of that parcel of land described
in Book 194 at Page 484, Pitkin County Records as follows:
Thence S11°34'30"W 86.46 ft.
Thence SO1°29'45"W 165.95 ft.
Thence S13o52'15"W 108.06 ft.
Thence 520°28'30"W 294.43 ft.
Thence N36°52'W 52.59 ft. to the northeasterly corner of that parcel
of land described in Book 188 at page 17, Pitkin County Records
Thence along the northerly boundary of said Book 188 at Page 17 N60o
41'W 237.89 ft. more or less to the easterly R.O.W. of the Maroon Creek
County Road
Thence along the easterly R.O.Id. of the Maroon Creek County Road
as follows:
Thence N29°19'E 86.23 ft.
Thence along a curve to the right whose radius is 802.13 ft. a distance
of 144.20 ft. (chord bears N34°28'E 144.00 ft.)
Thence N39o37'E 393.26 ft. to the point of beginning containing 112, 139
square feet more or less.
EXHIBIT "B"
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UidIT 5
UNIT 6
UNIT 7
UNIT 8
UNIT 9
UNIT 10
UNIT 11
UNIT 12
UiJIT 13
UNIT 14
UNIT 15
UNIT 16
POINTS
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