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CO1TRACT # --- ll County Schedule Number R021474 For 2010 Abatement Petition STIPULATION (As To Tax Year 2010 Actual Value) Winfield Arms Condominium Association, Petitioner, v. Pitkin County Assessor, Respondent. Petitioner, Winfield Arms Condominium Association, and Respondent Pitkin County Assessor hereby enter into this Stipulation regarding the tax year 2010 valuation of the subject property, and jointly move the Board of County Commissioners to enter its resolution based on this Stipulation. The Petitioner and Respondent agree and stipulate as follows: 1. The property subject to this stipulation is described as WINFIELD ARMS DESC: PARKING SPACES - GARAGE SPACES G1 -G12 & ALLEY SPACES P1 and is identified as Parcel No. 2735 131 34 027 in Pitkin County Assessor's Office records. 2. On May 20, 2011 the petitioner filed an abatement petition requesting a reduction in value for the 2010 tax year based on the mixed residential /commercial classification of the parking condominiums. 2. The County Assessor originally assigned the following actual value on the subject property for the tax year 2010: Condominium Parking Spaces: $ 1,003,400 (actual value) $ 148,970 (assessed value) 1 Winfield Arms Valuation Stipulation based on 2010 Abatement Stipulation Agreement 2010 Tax Year _ r sch# I legal desc. 2010 condo F parking value leased parking spaces R010792 Subdivision: WINFIELD ARMS Unit: 1 $115,200 $0 none R010793 Subdivision: WINFIELD ARMS Unit: 2 $431,4001 $0 none R010794 Subdivision: WINFIELD ARMS Unit: 3 $423,1001 $0 none R010795 Subdivision: WINFIELD ARMS Unit: 4 $418,900! $0 P1 &P3 & P5 R010796 Subdivision: WINFIELD ARMS Unit: 51 $568,0001 $0 P2 R010797 Subdivision: WINFIELD ARMS Unit: 61 $551,300 $0 G9 R010798 Subdivision: WINFIELD ARMS Unit: 7 1 ' $6 $0 P7 R010799 Subdivision: WINFIELD ARMS Unit: 9t $626,900 $0 none R010800 Subdivision: WINFIELD ARMS Unit: 10 $435,600 $ P11 R0108011 Subdivision: WINFIELD ARMS Unit: 11 $413,600 $0 none R010802 Subdivision: WINFIELD ARMS Unit: 12 $643,900 $0 none R010803 Subdivision: WINFIELD ARMS Unit: 14 $697,300 $0 G10 R010804 Subdivision: WINFIELD ARMS Unit: 151 $653,000' $0 G4 R010805 Subdivision: WINFIELD ARMS Unit: 16; $685,600 $0 G11. R010806 Subdivision: WINFIELD ARMS Unit: 17 $440,900 i $0 G12 R010807 Subdivision: WINFIELD ARMS Unit: 18 $429,900 $0 G2 & G7 R010808' Subdivision: WINFIELD ARMS Unit: 19 $431,800 $0 G8 R010809: Subdivision: WINFIELD ARMS Unit: 201 $433,900 $0 P12 R010810' Subdivision: WINFIELD ARMS Unit: 21 $390,200 $0 none R010811 Subdivision: WINFIELD ARMS Unit: 22 $683,400 $0 none R010812 Subdivision: WINFIELD ARMS Unit: 24 $699,6001 $0 none R010813 Subdivision: WINFIELD ARMS Unit: 25 $685,600 $0 G6 R010814 Subdivision: WINFIELD ARMS Unit: 26 $754,300 $0 G3 & P4 R010815 Subdivision: WINFIELD ARMS Unit: 27 $489,200 $0 P9 & P10 R010816 Subdivision: WINFIELD ARMS Unit: 28 $710,600 $0 GS R010817 Subdivision: WINFIELD ARMS Unit: 30 $726,800 $0 Gi &P8 R021474 H.O.A. parking spaces residential $943,200 1 commercial $0 totals $14,321,600, $943,200 / 2-- _ 2011 Tax Year J sch# legal desc. 2011 Condo 1 parking value leased parking spaces R010792 Subdivision: WINFIELD ARMS Unit: 1 $117,5001 $0 none R010793 Subdivision: WINFIELD ARMS Unit: 2 $366,3001 40 none R010794 Subdivision: WINFIELD ARMS Unit: 3 $359,2001 $0 none R010795 Subdivision: WINFIELD ARMS Unit: 4 $355,6001 $55,500 P1 &P3 & P5 R010796 Subdivision: WINFIELD ARMS Unit: 5 $482,1001 $18,500 P2 R010797 Subdivision: WINFIELD ARMS Unit: 6 $552,4001 $60,100 1 G9 R010798 Subdivision: WINFIELD ARMS Unit: 7 $578,500 $18,500 P7 R010799 Subdivision: WINFIELD ARMS Unit: 9 $532,300 $0 none R010800 Subdivision: WINFIELD ARMS Unit: 10 $369, $18,500 P11 R010801 Subdivision: WINFIELD ARMS Unit: 11 $350,600 $0 none R010802 Subdivision: WINFIELD ARMS Unit: 12 $546,700 $0 none R010803 i Subdivision: WINFIELD ARMS Unit: 14 $591,500, $60,100 G10 R010804: Subdivision: WINFIELD ARMS Unit: 15 $553,800 $60,100 G4 R010805 Subdivision: WINFIELD ARMS Unit: 16 $581,500 $60,100 G11 R010806 Subdivision: WINFIELD ARMS Unit: 17 $374,400 $60,100 G12 R010807, Subdivision: WINFIELD ARMS Unit: 18 $361,3001 $120,200 G2 & G7 R010808 Subdivision: WINFIELD ARMS Unit: 19 $366,0001 $60,100 1- G8 R010809 Subdivision: WINFIELD ARMS Unit: 20 $368,400 $18,500 P12 R010810 Subdivision: WINFIELD ARMS Unit: 21 $331,300 $0 none R010811 Subdivision: WINFIELD ARMS Unit: 221 $580,300 $0 none R010812 • Subdivision: WINFIELD ARMS Unit: 24 $594,000 $0 none R010813 Subdivision: WINFIELD ARMS Unit: 25 $581,500 $60,100 G6 R010814 Subdivision: WINFIELD ARMS Unit: 26 $639,7001 $78,600 G3 84 P4 R010815 Subdivision: WINFIELD ARMS Unit: 27 $415,400' $37,000 P9 & P10 R010816 Subdivision: WINFIELD ARMS Unit: 28 $602,700 $60,100 G5 R010817 Subdivision: WINFIELD ARMS Unit: 30 $617,1001 $78,600 i G1 &P8 R021474 H.O.A. parking spaces 0 $18,500 ' P6 (exempt) totals $12,170,000 $943,200 Sep 15 2011 15:52 R R 720-253-7770 p.2 4. Alta further review and negotiation, the Petitioner rind Pitkin County Assessor agree to the following tax. year 2010 actual value for the subject property: Condominium Parking Spaces: $ 943,200 (corrected anal value) $ 75,100 (assessed value as 100% residential) 5. The petitioner and Pitkin County Assessor further agree that beginning with the 2011 tax year, the value assigned to the parlang spaces in the Winfield Arens Condominiums will be transferred from the Horne Owner's Association account to the individual accounts of those condominium owners In possession of a 99 year lease for the respective parking spaces. The individual owners who will receive this aklitional value %Mermaid that their 2011 property values will be increased and agree with this transfer of value. A summary of the valuation changes is attached to this doeurrient as Exhibit 6. Both parties agree that the abatement bearing scheduled before the Board of County Commissioners scheduled for September 26, 2011 shall be canceled. Dated this day of 4 2011. A 411 Sandra !lemon, President Tom Isaac Winfield Arras Condominiu.m Association Pitldn Comity As or 119 Bast Cooper Avenue 506 East Main Suite 202 Aspen, CO 81611 Aspen, Colo 40 01611 (970)920-51, ' PETITION FOR ABATEMENT OR REFUND OF TAXES County:,) i K , 13 Date Received (Use Assessor's or Commissioners' Date Stamp) Section I: Petitioner, please complete Section I only. Date: 1M 2b t) Montli Day Year \ /1) r Aein 1 Petitioner's Name: ) 1 (- ) 5' Petitioner's Mailing Address: Vt.) A, ,1` ,1\ 10 0 GI c7 k1 i -4Ve , 2 D3 -to f to 7 11 City or Town State Zip Code SCHEDULE OR PAR EL NUMBER(S) OP RTY AD RESS OR GA DESC IPTION OF P ) OPERTY z.1 S ) 31 3 4021- PR 1r leAA ems r o,,r r irg 70\ co- k - k i)-0) -12- Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for the property tax year 21)0 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally, whether due to erroneous valuation, irregularity in levying, clerical error, or overvaluation. Attach additional sheets if necessary.) _ , 1 5z , e l 44 PL, P Q't ti 4" lam. -( ", 6-17ArNe 0 r � %o' -7 VI 4 r,,,,, 1;>.JG,„ e, ... ks.. c p,.,A, V 2v Col tt \x-- - ) X 0` ) , 1l p to ' ct.. , p 6 a--- vL,, 1 Z. b i1.t, 517°‘<-.... w I B n c4,,.,c, _ ) k c iv' ,Y,„ 12 Petitioner's estimate of value: $ s(01 r �tt 7 t N ' CIA" Value Year I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information, and belief, is true correct, and co I te. p, V-4( v-, .14 Daytime Phone Number (►3' U q ) 1�-- " 9 i YL Petitioner's Signature/'^t By --+t4[ LL . Daytime Phone Number ( ) G - --. Agent's Signature* *Letter of agency must be attached when petition is submitted by an agent. If the Board of County Commissioners, pursuant to § 39 -10- 114(1), C.R.S., or the Property Tax Administrator, pursuant to § 39 -2 -116, C.R.S., denies the petition for refund or abatement of taxes in whole or in part, the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of § 39 -2 -125, C.R.S., within thirty days of the entry of any such decision, § 39 -10- 114.5(1), C.R.S. Section 11: Assessor's Recommendation (For Assessor's Use Only) Tax Year Actual Assessed Tax Original Corrected Abate /Refund ❑ Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation, no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer, § 39- 10- 114(1)(a)(I)(D), C.R.S. Tax year: 1. tO Protest? .X ❑ Yes (If a protest was filed, please attach a copy of the NOD.) It Assessor recommends denial for the following reason(s): Ass- Tor's or De. A i s or's S ?i'.T ure ` 15- DPT -AR No. 920 -66/11 - • FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to § 39 -10 -114, C.R.S. shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39 -1- 113(1.7), C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to $10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement br refund in an amount of $10,000 or less per tract, parcel, or lot of land or per schedule of personal property, in accordance with § 39 -1- 113(1.5), C.R.S. The Assessor and Petitioner mutu Ily©;ree to the values and tax abatement/refund of: Tax Year V Actual Assessed F Original Corrected Abate /Refund Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and /or delinquent tax payments, if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS, the County Commissioners of County, State of Colorado, at a duly and lawfully called regular meeting held on / / , at which meeting there were present the following members: Month Day Year with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor (being present - -not present) and Name Petitioner (being present- -not present), and WHEREAS, the said Name County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board (agrees - -does not agree) with the recommendation of the Assessor, and that the petition be (approved -- approved in part -- denied) with an abatement/refund as follows: Year Assessed Value Taxes Abate /Refund Chairperson of the Board of County Commissioners' Signature County Clerk and Ex- Officio Clerk of the Board of County Commissioners in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than $10,000) The action of the Board of County Commissioners, relative to this petition, is hereby ❑ Approved ❑ Approved in part $ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date _ 2 15- DPT -AR No. 920 -66/11 RECEIVED MAY 2 6 2011 aspen , i.e., -� j resort accommodations Mr. Larry Fife May 25, 2011 Pitkin County Assessor 506 E. Main St.. Aspen, Co. 81611 Subj: Winfield Arms Condo Assn. Parking Spaces Valuation Parcel # 273513134027 Dear Larry: This is to provide justification for the reevaluation of the Garage and Parking Spaces at Winfield Arms Condominium Association that received an actual value of $1,003,400 for 2011. However, common elements of a Colorado Non Profit Corporation are not taxable. History: One of the original conditions of approval in the 1989 City approved conversion of Winfield Arms from an apartment house to condominiums was that all Garage and Alley parking spaces, totaling twelve of each, would remain General Common Elements. However, when each of these units was sold by the developer, individual parking spaces were included in the price of a condo unit and transferred by deed as fee simple ownership. This was clearly in violation of the conditions of approval imposed by the City of Aspen. Since the Owners received control of the Association in March 1989, I have been trying to correct this legal anomaly. After many attempts to correct this situation, the Association obtained a legal position by their attorney that the Association could correct this situation by having each owner Quit Claim the ownership of individual parking spaces for $1.00 plus a 99 year lease back to that owner for each individual space. One owner, however, "owned" 12 parking spaces, four in the Garage and eight in the Alley. She wanted do dispose of these spaces, and didn't want to participate in the lease . program for eight of the alley spaces so she finally agreed to sell them to the association in. October 2009 for $11,000 each. The association, in turn, sold leases to seven of these eight spaces to other owners for $12,000, to cover the cost of the purchase of these spaces and administrative and legal costs associated with the purchase and subsequent leases. 3 600 East Hopkins Ave., Suite 203, Aspen, Colorado 81611 (970) 925 -4772 FAX (720) 293 -7778 • The remaining alley space was retained by the association as a guest parking space. All parking spaces, both garage and alley, were effectively returned to Association ownership by December 1, 2009 via Quit Claim Deeds. Unfortunately, this procedure required the association to add an amendment to the Condominium Declaration, see attached. This amendment had to be approved by a super majority of the homeowners and 100% of all existing lien holders, which wasn't completed until August 2010. However, due to an administrative oversight, this amendment was not recorded until April 2011. Current Situation: Since December 1, 2009, all twelve garage parking spaces are owned by the association but leased to individual owners on a 99 -year lease. Eleven of the twelve Alley parking spaces are similarly leased to individual owners. I have attached a list of leaseholders for each of these spaces. Prior to 2011, taxes for all spaces were applied against the unit of each individual owner who had a parking space. In the case of Elayne Rossi, owner of unit 18, she had been paying taxes on four garage spaces and eight alley spaces. Unbeknownst to us, a number of these parking spaces had been taxed at the commercial rate. Ms. Rossi sold two of the garage parking spaces to Stefanie Vanover (owner of unit #7 who paid $ 21,000 in June, 2008) and Jalet White (owner of unit # 30 who paid $50,000 in August 2009). These purchases were made before we implemented the Quit Claim transfer process although both of these owners are currently a part of the lease program. Effective with the Quit Claim Deed transfer in December 2009 all of these parking spaces reverted to residential use only. I do not think that Pitkin County picked up these transfers of title. Assessed value: The County has currently assessed the value of each parking space at the following rates: Garage space $56,250. Alley Space - $27,366. Additionally, all of the twelve parking spaces originally owned by Elayne Rossi were taxed at the commercial rate (half of the total spaces). nut (tCa oke4 The Association contests this valuation on the following bases: w+ 4 � c 1- All parking spaces have been the General Common Elements of a Colorado Non ^ + 6 M Profit Corporation since December 2009. Common Elements are not taxable. 2- Colorado Law recognizes the date of the transfer of ownership via deed rather that l2 + n the date recorded. Therefore the date of transfer of ownership took place on fecrq 4 1/41 December 1, 2009. 3A o 3- Upon their transfer back to the Association, all parking spaces reverted to Residential use only. V 4- Past sales of both garage and alley spaces create the following free market value Garage - $35,500 (the average of the two sold by Rossi in 2008 and 2009 for —$21,000 and $50,000 respectively) Alley- $11,000 which is the price paid by the Association to Rossi in October 2009. 5- The fact that each of these parking spaces is leased to individual owner does not add any free market value to these spaces since these leases have a definitive termination date and provides only a guarantee of use and not ownership. 6- One of the alley parking spaces has been retained by the association as a guest parking space and therefore is not subject to any property tax at all. 7- According to the declaration and Rules and Regulations of the Association (R &Rs attached) these parking spaces can only be leased to a current owner of the building. Therefore this is no real free market value to these spaces because they cannot be sold on the free market. Any assessed value made on the basis of what other parking spaces have been sold for is erroneous and reflect an inflated value not proven by historical facts. Conclusion: While the Association understands that the leasing of these spaces to individual owners awards value to the individual owner, we contend that it provides no real value to the Association since we generate no income from them. We believe that each owner should be valued on the true assessed value of their unit taking into account their long term leases of the respective parking spaces.. I hope this clarifies our position regarding the assessed value and taxation level for these parking spaces. I look forward to discussing it with you further at the hearing. S incerel a A. Ronald Erickson Property Manager. At 4 �,. w■ �. Grua ; I, PA r G� 5 • BOOK 61.0 racf 3 18 6 0 3 r' `• ' FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION .44%.1 FOR . 5II.YiA OAYI$ PITKIN CNTY RECOROER' WINFIELD ARMS CONDOMINIUMS DEC 29 2 eN PH '89 One Nineteen East Cooper Associates, successor to W/J Ranch, . Inc. ( "Declarant "),,is the owner of all of the condominium units in the Winfield Arms Condominiums, located in the city of Aspen, ' County of Pitkin, State of Colorado; and :-' - WHEREAS, Declarant desires to amend the Condominium ?:'.- Declaration for Winfield Arms Condominiums in certain respects. +` ` , NOW, THEREFORE hereby publish and declare that Declarant does hereb ". the following amendment shall be made to the Condominium Declaration recorded in Book 455 at Page 387 et TN.: 1. Except as amended herein, the above - described Condominium ; ;' °;`:. Declaration is hereby ratified and confirmed in all other respects. P ;;',';_ v I 2. Section 1(a) is corrected to delete the reference to Unit `.. No. 29 as no such unit exists or ever has existed. 3. The condominium map referred to in Section 1(j) is amended 'it: . • 1 to designate the garage spaces as shown on the basement floor plan as separate individual units appurtenant to the specific • - 1 residential units shown on Exhibit "A" attached hereto and within the condominium, with the entrance and exit to the garage amended to be a limited common element for the use and benefit of the individual garage space owners. The condominium map referred to • in Section 1(j) is also amended to designate the spaces shown as . gravel parking area in Book 15 at Page 59 of the Plat as separate individual parking spaces appurtenant to the specific Residential • Units shown on Exhibit "A" attached hereto. However, both the garage spaces and parking spaces may be transferred by the owners of the existing residential units to which they presently _ appurtenant to other residential units. 4 , 4. Section 12 is amended by deleting the last sentence of the first paragraph thereof and replacing it with the following: "The Managing Agent of the project shall be the Managing Agent as chosen in accordance with the method provided in this section." 5. Section 23(b) is amended by deleting the words "three of the four unit owners and all but one in number of all mortgagees" and replacing it with the following language: A "Owners of eighteen (18) of the twenty -six numbered .: residential units." ' ' ;� y,. ; . 1 ,. r /gip f . ,..m., "ntii i 6. A new paragraph shall be added to Section 15 as a separate ...V.. . y . paragraph reading as followst "The owners of the residential condominium units may make and the Managing Agent shall enforce reasonable and uniformly . applied rules and regulations governing the use of the • individual units, of the limited common elements, and of the • i general common elements. Such rules and regulations m ay, . • without limitation, regulate the manner in which a condominium unit and the common elements may be changed, altered, or ' +•-•' . +•- air and the use of common elements to assure equitable ;; ! repaired •r .v i ,. ` . use and enjoyment b all persons entitled to use them and to ,• requ that draperies, shades, or other window coverings �.�.. j shall present a uniform and attractive appearance from the . ; .:, I exterior of the building. �,.,,. . I The Managing Agent shall furnish each owner with a written 1 copy of each and every rule and regulation adopted pursuant to this � section. However, failure to furnish a copy shall not be deemed 4# to invalidate in any manner the rules and regulations. ' • { ". The Managing A shall have the right to enforce any of the Ir-. ` . ' in 9 9 g ent 9 Y rules and regulations of the Association, the obligations of any owner under this Declaration or any provision of the Articles or ., Bylaws by having the Association assess a fine against such owner '.1'' for each violation and /or suspend the right of such owner to use the recreational common elements and /or suspend the right of each owner to vote at meetings of the Association; provided that any • such fines shall be reasonable in amount as may be determined from • time to time by the owner's association and such use and /or voting • suspension may not be imposed for a period longer than thirty (30) . days per violation. If any such fine imposed on an owner by the owner's association is not paid by said owner within sixty (60) 10 days after said owner has received from the owner's association written notice of the imposition of such fine, then the amount of such fine shall be added to the amount of the assessments charged to the owner and shall be enforceable as an assessment in accordance with Section 20 hereof. No penalty may be imposed under this section until the owner charged with such violation has first t. AM . been notified in writing of the violation and afforded the right to have a hearing before the owner's association or a committee designated by the owner's association to conduct such hearing, or has in writing, waived such right. Each owner shall have the right to be heard in person, by submission of a written statement, or through a spokesman at any such hearing. The owner's association may also take judicial action against any unit owner to enforce compliance with such rules, regulations, or obligations or to obtain damages for non - compliance, all to the extent permitted by • law." 1 The presently existing Rules and Regulations affecting the _._ c ondominium units are attached hereto and incorporated herein by i reference as Schedule A. : a4 y • '''4A ' • - Poo . e rn ;, ,i %v.j:. ROOK 61.0 PAGE / �7 . i� 7. "The areas between the parking spaces on Exhibit "8" and Units 6, 7, 9, and 10, Northerly of the parking spaces shown on Exhibit "0" are divided into four areas created by extending the . centerline of the dividing walls between the units to the most Northerly portion of the individual parking spaces. Each of the • four areas are hereby designated as a limited common element appurtenant to the unit adjacent to such area. Owners of Units 6, ; .. 7, 9, and 10 may construct patios in such areas, so long as they %••' • ' are substantially similar in appearance to those presently existing in such area." • 1 tat }, Executed December 26, 1989. ;,1.:;‘,. ONE NINETEEN BAST COOPER ASSOCIATES'' ' 0 ,7 7 4 4/&& ..... ,.,,•'•,.,::"•••,,_ •f t. �•.' UNITED BANK OF GRAND JUNCTION -- • D OWN, TONAL'ASSOCIATION . By Ron Rozga, Vice esident ', �.• •: ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. 1 C,OU Eli RR., P ITKIN ) .... ' • R .• 11@ foregoing First Amendment to the Condominium Declaration s4 e "f a ilitld Arms Condominiums was acknowledged before me this Y :1 tiP of December, 1989, by Douglas P. Allen as attorney-in- .. .- Z00100 Sohn Moore, General Partner of One Nineteen East Cooper i' . . . ' ''!I ,,, A, toss my hand and official seal. • ` My q commission expires: '1K1 r ' Notary Public Address: 530 t • mrs,.. • -3- ,:v 1 x r d . t- J ' - ' 1 ..� • t , ---se: -s —s} t 4 11, • • s .. . t .4, ''' ,C'4 ( • . ,f• ' „5 . : - ' : :..'.1 ' """.;. ' ' ' ''''' " - - — '.- . . - ".. .'”. '' .. ' .. .... . . . I: eau 61.0 PA4E792 ....who,f... . •MAIV.W I • ; i f . . l i .f.,i :; :. ; • 1 STATE OF COLORADO ) .• ■ ) ss. i COUNTY OF MESA ) in i':•:',4:'! :... ■ The foregoing First Amendment to the CondomiuM Declaration . . for Winfield Arms Condominiums t iniums was acknowledged before me this VAV• QV2 day of December, 1989, by Ron Rozga, Vice President of United ':1 Bank of Grand Junction--Downtown, National Association. Witness my hand and official seal. My commission expires : /0-f-940 ' 6 . • rt. Notary Public . Address: 1.0.4404 90 : . M1\023 12/26/89 . . ... ,. . . . • . . .....-- . . : • - ' i: ...p::-. •-_4•.. -.4 • ,: .., . ..,::%ppreptLIty,/,•,,,..... ' ii . . • -'''11;-`°'C'' 11* . . -.1 II : • , . I i . • • • ... .:•1 -4- -:- , ..;; ---: 1 : '•1; ':: - • . . , .. .. . • •.tV . - . - ,' ' ;",' . . ' • :t ;•" - 2 . . • . . .:',.'. • . • . . . • . : " , lYiv. • A if A . . .. .. ........ , .... 0s.....1.1611.1.1° 7 1 7 . t Y 1{ �` �ANl • volt ° 0 ' f-iN malt • a 1 ow y4 t.,1 j :� i r,� � N y � ' s ? f It �� +�: ' t : ?yk i i i3itd ' . t ai' • NS r y4; '` � � `k , i :! . :� t. ♦.L•~:ZY♦ ,t1 y;�;;�;t C:'� ; Z•' ' . y f' 0.....,,..A.. \ , • • _'' U 5 nit \ - - 2 i 1 1t 2`5 AU • s 3 • �G - Y j�a tits is 1 `Vrtit19 as I '�t I lk i G` lg I . Ua • Unit � A G - Uni 1a- �. ■ Unit 15 ` •" 1 y \ 4.6'.1 � Ucdt d ,-t d tt U • 1$ , n G-' .--• \ G-1•1 Veit 8 \- 17 y�l 8 t 1 - \ 18 • 'i\g,ttit ''."- se ____,T ',lit-lilt .s.: . A 1 ` . • • • ' '5;..t1�"r A . Appraiser Recommendation for an Abatement Assessor Generated Taxpayer Generated To: Tom Isaac, Pitkin County Assessor From: \J1Atri Date: 1S it1 Petitioner: w ;v ; c ,\d Arw.s . 0. . Schedule #: ztul- q Parcel #: Z 55„ Gk _ 3q_ 011 The appraiser has completed a review of the referenced property, as of this date, and hereby submits a recommendation as stated below: fg Deny ❑ Approve as Submitted ❑ Abatement/Refund Different than requested Abatement for Year: t Abatement for Year: Data collection period 1( 1 e 6 tp : a collection period for year #1: b (SO (ot for y- : #2: Assessment Rate: 1,e16% , Z N, - +M4 Assessm - it Rate: Tax Area: 001 Tax Area: Mill Levy: Z6.14$ Mill Levy: Actual Value this year: $ \ dD .1(p0 Actual Value this yea . $ New Value: $ ck 1.00 New Value: Assessed Value Tax Amount Assessed Value Ta mount Original value: $ t 't1() $ 3 � A-1 %, Via Original value: $ $ Corrected value: $ i1Lt 1 i \t $ $St .67 Corrected value: $ $ Refund: $ 1 121 .66 Refund: $ $ The basis of ties recomme tion is: � lm 0 %S�c� V6• LC� Si A 44'" Co hreck; a � _ V &\�� red vq S P v(,` 4'te v6,(w; ak S ret.5e 'v.c c Chief Appraiser Approval: Assessor Approval: 1 Winfield Arms Homeowner's Association, Parking Spaces, Schedule# 21474 Summary: This account represents all of the condominiumized parking spaces in the Winfield Arms Condominium complex. They consist of 12 covered parking garage spaces and 12 uncovered "street" parking spaces. Issues: Status as of assessment date of January 1, 2010: The parking spaces in question were created as separate condominium units by the 1 amendment to the condominium declaration, recorded on December 29, 1989. As of January 1, 2010, all of these parking spaces were owned by separate Winfield Arms Condo owners and the value of the various parking spaces was included as part of the owner's overall condominium value. In March of 2010, the majority of the parking spaces were conveyed to the Winfield Arms Homeowner's Association with the final parking space conveyed on May 4, 2010. At that time, a new account was created for the Winfield Arms Homeowner's Association that represented the value associated with the parking spaces and each condominium value was reduced accordingly. The Association's intent was to file an amended condominium declaration changing the status of the parking spaces from individually owned units to common elements, thereby changing the parking spaces from a taxable status to a tax exempt status as common elements. However, the second amendment to the condo declaration changing the status of the parking spaces to common elements was not recorded in County records until April 15, 2011. In addition, upon conveyance to the H.O.A., various condominium owners were issued 99 year leases for the exclusive use is specific parking spaces. Even though the spaces are now (2011) described as common elements per the amended declaration, the exclusive use of the parking spaces by specific owners prevents the parking spaces from being true common elements. There are more condo owners than there are available parking spaces and with only 21 of 30 owners having the right to use the parking spaces, the parking spaces cannot be deemed "common" elements. As a result, the parking spaces are not exempt from taxation. In summary, for the 2010 tax year, the association owned each separately condominiumized parking space with fee simple title. Once conveyed from the various condominium owners to the association, the value associated with the parking spaces was transferred from the individual owners to the association. Even after the declaration was recorded, since the actual use of these spaces is limited to specific �2 owners per their 99 year lease, these parking spaces cannot be considered common elements and are therefore taxable real property. Value: Outdoor parking space# P7 was conveyed from Elayne Rossi to Lorraine Brownell for $21,000. This sale provides the basis of the $20,000 per unit value of the outside parking spaces. Covered parking space sales in the Durant Mall building and in Obermeyer Place have sold with prices ranging from $145,000 to $185,000. The most recent sale in the Durant Mall was for$144,800. Since Winfield Arms is further removed from the downtown core that the comparable sales, a base value of $65,000 per space was assigned to the covered parking spaces. After applying depreciation based on a 1996 effective age of the building, the 2010 values are calculated as follows: Uncovered spaces 12 X $18,500 /space = $222,000 Covered spaces 12 X $60,100 /space = $721,200 Total Value = $943,200 A case could be made that the parking spaces add value to the specific units that have the corresponding 99 year lease and that the value should be reflected in each unit's overall value. However, since the ownership of the parking spaces have been conveyed to the HOA, the value has been assigned to the HOA with the understanding that they would assess each owner as necessary for the various spaces. 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N 0 t0 -N N 0 t0 00 V CA Ul N i O VD 0� V I H G H 0 I � O 0 01V } N NJ N N N r r r r r r - � U1 I � r 12 01 1 N N 1(D i )J1 - - - - - - - - - - - - - - - -- 4 - - - � 4N N 2 N r 00 Ul 00 t0 03 t0 W 1 W NJ 41 CO Ul to 1 r W N 03 Ul 0i r N 1 , W r 0 A to N tT 0'.0 - 1 U) �0 W 0 W r �0 0 Ul W V W W 01 0i \-• r 00 00 W r Ul . 7 A- D p1 0 O N W cn % N 1 kD 1 CO tD t D O O W t D c n c n t D On W O to a -■ N C o re 1 ' O O ,' 00 1- - -- - 000 0 0 0 0 0 0 0 010 0 I 0'0 0 0 - e-r { O O O O 0 010 0 0 O 1 O 0 0 O -- i 0 0 0 O 0 0 0 0 1 1 1 - 1 2 _ 11 ', 1 ' l0 0 • 0 N V W 00 Ul 1 C o l O 0 ' -EA- - O 0 0 - -EA- - A- - 0 O -EA- 1 EA- -EA- -EA- -EA- -EA- - - - -LA- -EA- ' al { 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f" 1 j to 1 1 1 I 1 CD I 0. s ° I 'a at 17 t L� G� 1 1 01 Asj ti 1 Q°, v � 1 �!..= 3 co - i N.�� 0, N 3 ..J uDI1N W = 3 7 '. 00 0,� V to I I 1 1 1 1 1 1 1 1 1 1 1 I 11 l* \- cw1 .v •L'ee, t PARKING SPACES — owners (Winfield) (6- 14 -10) unit owner parking space 1 E.J. Christenson none " 2 Peter Cohn none 3 Dianne & Alvah Fuqua none 4 Victoria Flynn alley 1, 3, 5 / 5 Irma Prodinger alley 2 6 Arlene Nelson garage 9 7 Stefanie Vanover alley 7 9 Greg Miller none 10 Hone/Wiltgen alley 11 11 Brooke Anderson (Thalberg Estate) none 12 Geoff Pay none 14 Tom Fox garage 10 15 Dan Rumsey garage 4 16 Nick Gubser garage 11 17 Lenny Weinglass garage 12 18 Elayne Rossi garage 2, 7 19 Sandy Herron garage 8 20 Philip Popkin alley 12 21 Christian Messner none 22 Austine Stitt (Stitt Trust) none 24 Katherine Georgieff none 25 John Keith garage 6 26 Pat Callahan garage 3, alley 4 27 Bob & Carolyn Purvis alley 9 28 Steve Kaufman garage 5 30 Jaleh White alley 1, 8 Lease Tony Merkel alley GARAGE spaces ALLEY spaces 1 Jaleh White 1 Victoria Flynn 2 Elayne Rossi 2 Irma Prodinger 3 Pat Callahan 3 Victoria Flynn 4 Dan Rumsey 4 Pat Callahan 5 Steve Kaufman 5 Victoria Flynn 6 John Keith 6 Assn. 7 Elayne Rossi 7 Stefanie Vanover 8 Sandy Herron 8 Jaleh White 9 Arlene Nelson 9 Bob & Carolyn Purvis 10 Tom Fox 10 Bob & Carolyn Purvis 11 Nick Gubser 11 Hone /Wiltgen 12 Lenny Weinglass 12 Philip Popkin 4/7/2011 `r RECEPTION #: 552157, 08/21/2008 at 02:01:40 PM, 1 OF 2, R $11.00 DF $2.10 Janice K. Vos Caudill, Pitkin County, CO Prepared by: Stefanie Vanover 119 East Cooper Ave #7, Aspen, Co, 81611 QUITCLAIM DEED THIS DEED is dated 14 //.i., :Z./ , :2.04)49 , betwe Elayne Rossi, not married, of 119 E Cooper Ave #18, Aspen, CO 81611 (the "Grantor ") AND Lorraine Brownell, married, of 119 E Cooper Ave #7 Aspen, Co 81611 (the "Grantee ") WITNESS, that the Grantor, for and in consideration of the sum of $21,000.00, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the Grantees, their heirs and assigns forever all the right, title, interest, claim and demand which the Grantor has in the real property, together with improvements, if any, situate, lying and in the County of Pitkin of the State of Colorado, described as follows: Parking Space P -7, being one of the middle outside parking spaces as defined and described in the Condominium Declaration for Winfield Arms Condominiums recorded November 9, 1983 in Book 455 at Page 387 and according to the Condominium Map thereof filed for record Noveber 9, 1983, in Plat Book 15 at Page 59, County OF Pitkin, State of Colorado., according to the recorded plat in the Office of the County Clerk and Recorder filed November 9, 1983. This property is also known by street number as 119 East Cooper Ave, Aspen Co 81611 Parking Space #7. Assessor's schedule or parcel number: n/a. Page 1 RECEPTION #: 552157, 08/21/2008 at 02:01:40 PM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges belonging on the property, or in anywise appertaining to the property, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever. IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written. • Signed, Sealed and Delivered 1 • 1 , • ' ' In the Presence of: Ela ' e ' o? i Sign: /a Name: it- Sign: Name: evv> A. tA/ Grantor Acknowledgement State of Colora r , / • County of r4 The foregoing instrument s acknowledged before me, / f1p / (i'�1 " 'this _ > day of 7 .94€4 7 , 20 O ' , by the Grantor, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires 2 "2O /f R O P N ublic, to of Colorado TAI* 9 �, County of P ',t�; A • ,,,15 & F P �' ©2002 -2008 LawDepot.comml Page 2 VQ u - b(e6 ko i . o. A Winfield Arms Garage deeds 1 garage space deed to HOA recording date leased to: Alley Space deed to HOA recording date leased to: 1 567405 7 3/5/2010 unit 30 1 567415 3/5/2010 unit 4 2 567406 ✓ 3/5/2010 unit 18 2 567416 ✓ 3/5/2010 unit 5 3 567407 ✓ 3/5/2010 unit 26 3 567418 ✓ 3/5/2010 unit 4 4 567408 3/5/2010 unit 15 4 567417 7 3/5/2010 unit 26 5 567409 yr 3/5/2010 unit 28 - 5 567418 '' 3/5/2010 unit 4 6 567982 3/26/2010 unit 25 6 567418 3/5/2010 H.O.A. 7 567410 3/5/2010 unit 18 7 569532 I 5/4/2010 Unit 7 8 567411 3/5/2010 unit 19 8 567418 1/ 3/5/2010 Unit 30 9 567981 3/26/2010 unit 6 9 567418 ' 3/5/2010 Unit 27 10 567412 V 3/5/2010 unit 14 10 567418 v 3/5/2010 Unit 27 11 567413 d 3/5/2010 unit 16 11 567418 3/5/2010 Unit 10 12 567414 1 3/5/2010 unit 17 12 567418 ✓ 3/5/2010 Unit 20 I 11 RECEPTION #: 567405, 03/05/2010 at 12:43:21 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO • • QUIT CLAIM DEED THIS DEED, made this 3 day of March, 2009, between ELAYNE R. ROSSI of the County of Pitkin, State of Colorado, whose address is 119 East Cooper #18, Aspen, CO ( "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION, INC., of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, CO (Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of Ninety- Nine Dollars ($99.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in Pitkin County, Colorado: Garage Parking Space No. 1 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 3 day of March, 2009. Elayne R. ssi STATE OF (D /2.010 ) COUNTY OF 1 (ci �: ) Subscribed and sworn to before me this 3 day of March ,2009 by ,,moo* do' ,,,,I,,,,,,,; : ' 'g % 'l R R. Pgo s � i j i - LJ 29 M1,, (SEAL) Notary Public .l t� p j e . My commission expires: - ill /U Page 1 of 1 Za RECEPTION #: 567406, 03/05/2010 at 12:43:22 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUIT CLAIM DEED THIS DEED, made this 27 day of July, 2009, between ELAYNE R. ROSSI of the County of Pitkin, State of Colorado, whose address is 119 East Cooper #18, Aspen, CO ( "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, CO (Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of Ninty- Nine Dollars ($99.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in Pitkin County, Colorado: Garage Parking Space No. 2 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 27th day of July, 2009. . it. J 4I' 1Mtl� Elayn - ' . ' • . si • STATE OF) /',' %(c ) ss. COUNTY OF Z.X ) Subscribed and sworn to before me this -2 day of , ' , 2009 by .ZZe /itr .? .6 fs . No Public (SEAL) ---0-14 GAi My commission expires: - IF '01 � , /L ; 3 - 3 ZC;/1 •+ f 1 1 Pagelofl ' ' * S ' 1 , 45 ' . ' 9 B V � ty %.,`,0.i.8.6%,°-- RECEPTION #: 567407, 03/05/2010 at 12:43:23 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO 9aole QUIT CLAIM DEED /' ,rl THIS DEED, made this 5 day of _ , 2009, betwee . a t ,e of the County of Pitkin, State of Colorado, whose a ess is 0/C0 �, / ;,, � antor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pi i , . tate of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): . / . g16 (1 WITNESSETH, that the Grantor, for and in consideration of the sum of ($ OG 00) and other good and valuable con ideration, in hand paid, hereby sells and quitclaims the following real property in County, Colorado: Garage Parking Space No. Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this ,5a day of C/ , 2009. STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) G ,,q a ri e ar}d s � S before me this day of All • 200 v/by [.Q ! J �' (SEAL) / / ` 1 / / // 6 -.r ill * . My commission expire // DIANE R MARSHALL q.,. �() NOTARY PUBLIC �/ _ STATE OF COLORADO My Commission Expires 09/20/2011 Page 1 of 1 al RECEPTION #: 567408, 03/05/2010 at 12:43:24 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO 4 lavage . 59'1° QUIT CLAIM DEED THIS DE , made this ay of __ , 009, between ie W • ea l the County of P State of whose ess is 25 Pa C ("Grantor"), and WINFIELD ARMS CONDO IUM ASSOCIATION of the County of itkin, State of Colorado, whose address is 11 ast Cooper, Aspen, CO ( "Grantee "): 14iikwai Nil* , di Ai wean ia /2.4ot WITNESSETH, that the Grantor, for and in consideration of the sum of ($ CR 00) and other good and valuable osideration, in hand paid, hereby sells and quitclaims the following real property in V ri t r V\ County, Colorado: Garage Parking Space No. r Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this Z6 of Attt2009. (1 STATE OF COLORADO ) Sa.n D i.Q ) )) ss. COUNTY OF Ply ) Subscribed and sworn to before me this l� day of Alit3 , 2009 by inlet .Rum5 -L.1 0 III (SEAL) ss � ` , g, tary ' ublic 11c)osssf2LOI expires: -,•, L. GLEESON s San 1� Pa 1 of 1 gy � � p..!° t COMM. # 1778388 - *m*d . Z ',4,y.',,r i NOTARY PUBLIC - CALIFORNIAS . . and • to(orefi .)be — .L�� SAN DIEGO COUNTY • on My Coma.. Expires Nov. 5, 2011 proved t me on the b of sadeMcEOry , . ' to be the����� . . Signature (u) 13 RECEPTION #: 567409, 03/05/2010 at 12:43:25 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO 4' garu-C4e QUIT CLAIM DEED THIS DEED, made thi( day of , AL , 2009, between Kt161 the County of Pitkin, State of Colorado, wh•(. a address is 05 fiO. "G ? tor"), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, S to of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): C4,11 4r O, WITNESSETH, that the Grantor, for and in consideration of the sum of _ ($ qq 00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in P +Ki n{ County, Colorado: Garage Parking Space No. S Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this,'/day of * II n, , 2009. A 4 STATE OF COLORADO ) ) ss. COUNTY OF P V ) Subscribed and sw rn to before me thi q)day pfV uin.c , 200`A' by ��cikv) i 712 "' (SEAL) A Notary Ty In — otNSO •• My commission expires: a• pSAR My Commission Expires: 512412010 Page 1 of 1 ',/��� ��• ,AUBi.��;.•' O�S 1 \ OF ``Ov"- 24 RECEPTION #: 567982, 03/26/2010 at 11:48:17 AM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUIT CLAIM DEED THIS DEED, made this ! 7 day oftvA?Oo between John Keith of the County of Pitkin, State of Colorado, whose address is P.O. Box 4783. Aspen. Colorado 81612 ( "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, Colorado ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of (0'34 4 and other good and val bl�� consideration , in hand paid, hereby sells and quitclaims the following real property in , County, Colorado: ViseGarage Parking Space No. 6 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: J o • ■ I . ■ / 0l0 1 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) S , scribed and sworn to before me this 17 day of 2040 by N CR OS O :49 11f4 • _., h _ Notary Public =ip.• C / — 2 -- / f IS RECEPTION #: 567410, 03/05/2010 at 12:43:26 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUIT CLAIM DEED THIS DEED, made this 27 day of July, 2009, between ELAYNE R. ROSSI of the County of Pitkin, State of Colorado, whose address is 119 East Cooper #18, Aspen, CO ( "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, CO (Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of Ninty- Nine Dollars ($99.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in Pitkin County, Colorado: Garage Parking Space No. 7 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 27th day of July, 2009. Es2 L.,, . /14..e. . ca Elayne ' STATE OF ( / C %/'s -t2.e c,r ) ss. COUNTY OF - 7L, / X�� ) Subscribed and sworn to before me this 1 day of ` 44 , 2009 by Notar Public (SEAL) _- My commission expires: OTA9' t `' 7 3 `,2e// 1* i Page 1 of 1 ' * • ' G pFCp•.�- RECEPTION #: 567411, 03/05/2010 at 12:43:27 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO 4 10046 QUIT CLAIM DEED THIS DEED, made this ,D day of 2009, betwee gc...., of the County of Pitkin, State of Colorado, whose address is • - _. , -# r ( "Grantor"), - --- and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pi in, State of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of ($ ga. and other good and valuable onsideration, in hand paid, hereby sells and quitclaims the following real property in p, i hi County, Colorado: Garage Parking Space No. 3 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: S - D this 213 day of A(,.116i L2D09. `. ., PC1.../1.A..e— STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this 1 day of p.,N.si , 2004" by SANDRA P, \.zRRo%4 (SEAL) ,ll: i.0 cJ ,1.. Not Public My commission expires: NICOLE BROWN NOTARY PUBLIC Page 1 of 1 , STATE OF COLORADO My Commission Expires 05/29/2012 RECEPTION #: 567981, 03/26/2010 at 11:48:16 AM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUIT CLAIM DEED THIS DEED, made this /1 day of kid/ , 2009, between Arlene Nelson of the County of Pitkin, State of Colorado, whose address is P.O. Box 2566, Aspen. Colorado 81612 ( "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, Colorado ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of ( $SOD ) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in , County, Colorado: Alley /Garage Parking Space No. 1 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: / STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed sworn to before me this 1? s) day of )>.(C.MP1 bc( , 2009 by rr N s :0" 41,40`. s ti i r: ' . •........, ' 1 ., �A_ * • i .. 1 1 +,~ • a N. Public � , r ev b . r o >tt spires: giBlii 0., ...;........,,_ 70041, a$ RECEPTION #: 567412, 03/05/2010 at 12:43:28 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO to QUIT CLAIM DEED THIS DEED, made this / day of ,. , 200% between of the County of Pitkin, State of Colorado, wh addr�ss is (°,._.,... A . "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the Cou of Pit in fade ofd Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of ($ qq 00) and other good and valuable • n ideration, in hand paid, hereby sells and quitclaims the following real property in I. /, (,,, County, Colorado: Garage Parking Space No. 100 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this / day of f s-L , 2009. 04 , `'Yte. t.2� ff . -4` STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this / day of�4_, 200 7 by NIIIIONN /p�� �� '�w . (SEAL) .a�j•P••FOAS'� :461!K �ia i/�� /�'.I/ y rn7onexPirf: N O T A R I; t'•.PUBLIG' 44:O 0 `O�, age 1 of 1 i lgi RECEPTION #: 567413, 03/05/2010 at 12:43:29 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO it I g arage QUIT CLAIM DEED THIS DEED, made this 17 day of 4 kir T , 2003 between JAI /C/'c '7, 6• C/1"- 43.5=A the County of Pitkin, State of Colorado, whose address is pc, Box .3719 o, "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the Coun of Pit in, tate of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of _ ($ *100) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in p ir'in) County, Colorado: Garage Parking Space No. „ I,.. Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 17 day of/110W 2009. , ) / /p/ 1_4 ,61 , er-4/ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) • • • - • • • • r. - - - - e me this J 1 day of 4, ..gip -, 2001 by �' 'm° a • �:. ' 0 HEWS 0 NO RY PUBLIC S a 41 .\ E OF COLORADO Alt .11 . • � .• • . . " • r. • /110/W011 : ary Pub is My commission expires: "`s`r +j•,,,� S3' 120 /2.0 l � �.��,� S E1 - Page 1 of 1 � = � A '� � o \'• 30 RECEPTION #: 567414, 03/05/2010 at 12:43:30 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO W IA/ I i -p Loc) 1 + 'TINS 1T ►Z. ru G ATV/ r 2,4 � 9 2t'ti + tL scti QUIT CLAIM DEED LED 0041> THIS DEED, made this 24 day of IOC , 2009, between W C1NGt.kSS of the County of Pitkin, State of Colorado, whose address isF.t .$ 115CA AS X14 "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of ($ (A4 O) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in p1TK11L County, Colorado: Garage Parking Space No. ►Z tlrn iX 17 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 2.1 day of SONS , 2009. STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this day ofJ'P Lam, 2003_ by (SEAL) - Notary Public _ 1.AY ' My commission expires: .0 . 4,10„.„ v; o, Page 1 of 1 ti OF 31 RECEPTION #: 567415, 03/05/2010 at 12:43:31 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUIT CLAIM DEED ' Rrnof THIS DEED, made this / d da of Pi c rr , 20t between /Cl b i IP Y the County of Pitkin, State of Colorado, whose address is 1 1 (oa ''j ( "Gantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of _ ($fi.6D) and other good and valuable on ideration, in hand paid, hereby sells and quitclaims the following real property in � County, Colorado: l arking Space No. Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this day of DCL , 2001. L./ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this 1 day of) 200a by V � Cxc�c ic‘ F�� (SEAL) ` l ► N. a O, ��.�i �� • •� . ` b My commission expires: 0- 3 - Ia3/ac. \■ ASHLEY REYNOLDS Page 1 of 1 NOTARY PUBLIC STATE OF COLORADO i, rr /2 /20i1 RECEPTION #: 567416, 03/05/2010 at 12:43:32 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO QUIT CLAIM DEED i o n THIS DEED, made this of 1\ between IV I/14 PO Jt n l the County of Pitkin, State of Colorado, whose address is )1 1 e. �,,,,, M• , ( "Gralitor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of nrr ct'Ei ,i .0.0) and other good and valuable onsideration, in hand paid, hereby sells and quitclaims the following real property in r -r G<i 1i County, Colorado: 0 t � o• Geag . Parking Space No.1 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this day of H k., , , 200$. STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscri �an to before me this,- 4'{1hday of 11/K), 200 Q 1 by dt. (SEAL) i .Milt �I' .1 — � ./. � i Notary Public My commission expires: `, v BlrC' y 3 ' �C�) /0 Q • ' ' • • fer Page 1 of 1 z p :cc Q• :0; • • v; 33 RECEPTION #: 567417, 03/05/2010 at 12:43:33 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO aney QUIT CLAIM DEED THIS DEED, made this /day o �' , ; i , 2009, between / � ,4 a,a r of the County of Pitkin, State of Colorado, whose dress is Dig "Grantor "), and WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin, to of Colorado, whose address is 119 East Cooper, Aspen, CO ( "Grantee "): a 1.6 WITNESSETH, that the Grantor, for and in consideration of the sum of ($ q%( 0O) and other good and valuable c ��ion, in hand paid, hereby sells and quitclaims the following real property in � j/UZ. • erat Vl& ounty, Colorado: Parking Space No. 4' Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 according to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 44 day of ; 2009. 1 i STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) (c-6-1?-/—k7C-162._ . Subscri d Sybrn o before 1, - • . 6 ` . : 200_9_1)3 (SEAL) 7ii�• / / .1 /_ _ / My commission expires: DIANE R MARSHALL J / STATE NOTARY COLO My commission Expires 09/20/2011 Page 1 of 1 34 RECEPTION #: 567418, 03/05/2010 at 12:43:34 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO When Recorded Mail Quit Claim Deed and Tax Statements To: Winfield Arms Condominiums Association P. O. Box 1294 Aspen, Colorado 81611 QUIT CLAIM DEED THIS DEED, made this 21st day of October, 2009, between ELAYNE R. ROSSI of the County of Pitkin, State of Colorado, whose address is 119 East Cooper #18, Aspen, CO ( "Grantor "), and WINFIELD ARMS CONDOMINIUMS ASSOCIATION of the County of Pitkin, State of Colorado, whose address is 119 East Cooper Avenue, Aspen, CO 81611 (P.O. Box 1294 Aspen, CO 81612) (Grantee "): WITNESSETH, that the Grantor, for and in consideration of the sum of Eighty -Eight Thousand Dollars ($88,000.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in Pitkin County, Colorado: Outside Parking Spaces No. P3,P5,P6,P8,P9,P10,P11,P12 Winfield Arms Condominiums 119 East. Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: SIGNED this 21st day of October, 2009. emu 2 Elayne R.Ros STATE OF , /ZY2AJ/1' ) OF FILIAL SEAL AM. a JULIE ZLAMAL ss. J f �. _ \ 'TARY PUBLIC - ARIZONA f COUNTY OF ✓ / ) f Y AVAPAI COUNTY / ( • , t;^y Comm Expires01- 30.2011 Subscribed and sworn to before me this 21st day of October 2009 by OtiE asst WITNESS my hand and official seal. _ 40 � otary Public My Commission Expires: /— 36— 4?-5 // Page 1 of 1 RECEPTION #: 569532, 05/19/2010 at 11:37:27 AM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO vanover qcd.doc 4/25/10 2:18 PM QUIT CLAIM DEED l/ TH DEED, made this f day of01/ , 2010, between Lorraine Bmwnell of the oun of �J r I . ' QQ�f , State of G Z4 �:tira n o,. , whose address is /0 .AD 'Sr (°on.,/ , Li Thj, ("Grantor"), WINFIELD ARMS CONDOMINIUM ASSOCIATION of the County of Pitkin,� State La Colorado, whose address is 119 East Cooper, Aspen, Colorado ( "Grantee "): 703W WITNESSETH, that the Grantor, for and in consideration of the sum of Ninety-Nine dollars ($99.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims the following real property in Pitkin, County, Colorado: Alley Parking Space No. 7 Winfield Arms Condominiums 119 East Cooper Aspen, Colorado 81611 According to the Final Plat for Winfield Arms Condominiums recorded in the public records of Pitkin County at Reception No. 254858. TOGETHER with all its appurtenances, subject to: C ity 6A9-de rr :..e( STATE OF 1_4(1 any ) ) ss. COUNTY OF (4. rplj, ) // Subscribed and sworn to before me this / day of , 2010 by f - 0 fte4 . Y3e D�O ,,, // • ' if •� • a il . - o �' ( ublic n n3' l Cola / . y 4e • My Aires: (} I tip 00\ http: // malt. googk .com /mall /?ui=28.1k =c4048aealf& view— att& thm 12771db2c79bd5fc &attid =0.1&disp =vah&zw Page 1 of 1 .s RECEPTION #'."579173, 04/15/2011 at 12:35:46 PM, 1 of 3, R $21.00 Doc Code AMEND DEC J ice K. Vos Caudill, Pitkin County, CO ri 5 ACei AD C 4>'+ntvl o h 4reA SECOND AMEND NT TO THE COTQDOMINIUM DECLARATION FOR WINFIELD ARMS CONDOMINIUMS This SECOND AMENDMENT TO CONDOMINIUM DE ARATION FOR WINFIELD ARMS CONDOMINIUMS is entered into this 7 U ` day of , v'-kii , t ,,., , 2010 by WINFIELD ARMS CONDOMINIUM ASSOCIATION, INC., a ✓ orado •ot- for - profit corporation ("Association"). • • WHEREAS, on November 9, 1983, W/J Ranch, Inc., the declarant of the Winfield Arms Condominiums, recorded the Condominium Declaration for Winfield Arms Condominiums in the Office of the Pitkin County Clerk and Recorder as Reception No. 254857 (the "Declaration "), which Declaration governs the use of certain real property located in the City of • Aspen, Colorado described as Lots D, E, F, and the West twenty -five feet (25') of Lot G, Block 70, City and Townsite of Aspen (the "Property "); and WHEREAS, on December 29, 1989, the successor in interest to W/J Ranch, One Nineteen East Cooper Associates, recorded the First Amendment to the Condominium Declaration for Winfield Arms Condominiums in the Office of the Pitkin County Clerk and Recorder as Reception No. 316603 (the "First Amendment "); and • WHEREAS, among other items, the First Amendment amended the Declaration and - Condominium Map to designate "the garage spaces as shown on the basement floor plan as separate individual units appurtenant to specific residential units ", "the spaces shown as gravel parking area ... as separate individual parking spaces appurtenant to the specific Residential Units" and the "entrance and exit to the garage ... to be a limited common element for the use and benefit of the individual garage space owners. "; and WHEREAS, the First Amendment stated that the garage spaces and the gravel parking spaces "may be transferred by the owners of existing residential units to which they are appurtenant to other residential units "; and WHEREAS, of the parking spaces (garage spaces and gravel parking spaces) have been conveyed to the Association, the deeds to which were recorded in the public records of Pitkin County at Reception Nos. 5 7 J 73& and ; and Wco*+g WHEREAS, the Association and Owners wish to amend the Declaration and First Amendment thereto to identify the parking spaces together with the entrance and exit to the garage as general common elements and to specify that the members of the Winfield Arms Condominium Association give its Board of Managers authority to lease such spaces to Association members on a long -term basis, as provided herein. NOW THEREFORE, the Association and Owners hereby publish and declare that the following amendment shall be made to the Declaration and First Amendment thereto described \ \Arad data\ ARA - business\ ASSOCIATIONS\ WINFIELD \Legal \Second ?lmendment to Condo Declaration(April 2010) doc 11 President ATTEST If 'Nr / Secretary ` k In accordance with Section 16 of the Declaration, this Second Amendment has been duly approved by the affirmative vote of the Owners of at least 18 of 26 of the Units in the Winfield Arms Condominiums and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all Units. STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) 'lt m foregoing instrue t was cknowledged befor me, this J day of UP./ - , 2010, by �Le, c as President and /'<c) i , � °tt eitc A as Secretary of t±ie Winfield Arms Condomini Association. SUSAN CROSS NOTARY PUBLIC STATE OF COLORADO ! Notary Public My Commission Expires 01/22/2014 L� (Seal) My commission expires: 0 7 Ara- frontdesk \data \ARA - business \ASSOCIAT IONS \WINFIELD \Legal \Second Inendment to Condo Declaration(April 2010).doc above. 1. Parking Spaces Designated as General Common Elements. The parking spaces at Winfield Arms Condominiums, spaces G -1 through G -12 and spaces P -1 through P -12 and the entrance and exit to the garage, as described and depicted on Exhibit A to the First Amendment are hereby designated as general common elements. The condominium map referred to in Section 1(j) of the Declaration and depicted on Exhibit A to the First Amendment is amended to depict the parking spaces as general common elements and to remove any reference to any unit to which said parking spaces were previously appurtenant. 2. Authority to Enter Into Leases. The Board of Managers of the Winfield Aries Condominium Association shall have the authority to enter into long or short -term leases or other use agreements for the parking spaces with members of the Association. The Board of Managers shall also have the authority to promulgate Rules and Regulations to implement the parking space leases and /or other use agreements. The lease rights to a parking space appurtenant to a unit shall automatically transfer upon the sale of a unit to the successor -in- interest to such unit. 3. Special Assessments for Parking Space Lessees. The Board of Managers shall have the authority to impose special assessments against the lessees of the parking spaces to fund or recover expenses related to: operation, maintenance or repair of the parking spaces, utilities used to heat or illuminate the parking spaces, and taxes if any specifically related to the parking spaces. The Board of Managers may separately assess the lessees of the parking spaces for expenses. The special assessments shall constitute a lien against the unit associated with the parking space lease in the same manner as an assessment for common expenses as described in the Declaration. 4. References to Governing Body. References to the governing body of the Winfield Arms Condominium Association in Association documents as the Board of Managers and /or Board of Directors are used interchangeably and refer to the same body. 5. No Further Modifications. Except as expressly modified herein, all provisions of the Declaration and First Amendment thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Winfield Arms Condominium Association, jpc. has cau 'd this Second Amendment to be signed by its duly authorized officers this of ,. , 2010. WINFIELD ARMS CONDOMINIUM i ASSO TION, INC. By: Ara- liontdesk \data \ARA - business\ ASSOCIATIONS \WINFIELD \Legal \Second 32nendrnen . Condo DeClaration(April 2010).doc i 3°I