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HomeMy WebLinkAbout3.0 Correspondence & ConditionsPARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AI\D RESTRICTIONS FOR LOT D-30 ASPEN GLEN F'ILING NO. 1, GARX'IELD COIJNTY, COLORADO Recitals 1. Chris Striefel ('Declaranf') is the Owner of the real property situated in the County of Garfield, State of Colorado, described as Lot D-_30, Aspen Glen Filing No. I (the "Lot"), which has been resubdivided and identified by a map recorded in the records of the Garfield County Clerft and Recorder in Book at Page _ (the "Map"). 2. Declarant has constructed on the Lot a duplex building consisting of two separate Units, each designed and intended for use as a residential dwelling, designated as Unit A and Unit B, which are sometimes referred to separately as "Unit" or collectively as "IJnits." 3. Declarant desires to establish a plan for the Ownership of the Lot as it has been resubdivided, by establishing separate Ownership and rights and obligations related and appurtenant to Unit A and Unit B, as identified on the Map. DECLARATION SECTION I ST]PPLEMENTAL DECLARATION: LOT SUBJECT TO MASTER DECLARATION A. Declarant does publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations, and obligations shall be deemed to run with the land described herein, shall be a burden and a benefit to Declarant, his personal representatives, heirs, successors and assigns and any person acquiring or owning an interest in the Units and improvements built thereon, their grantees, personal representatives, heirs, successorsi and assigns. B. Notwithstanding anything set forth in this Supplemental Declaration, the Lot which has now been resubdivided into Unit A and Unit B, shall at all times be subject to all terms and conditions of the Master Declaration of Covenants, Conditions and Resffictions for Aspen Glen as the same are recorded in the records of the Clerk and Recorder of Garfield County, Colorado, in Book 936 atPage 350 ("Master Declaration"), Bnd as the same may be amended from time to time. SECTION II DETINITIONS Unless the context shall expressly provide otherwise, the terms used herein shall have the meanings set forth in the Master Declaration. In addition, the following terms shall have the following meanings: A. *Common Access Easement" means any non-exclusive easement upon the Lot for pedestrian, vehicular or utility access, or other designated purpose, which shall be shared by the Owners of Unit A and Unit B as provided in the Supplemental Declaration. B. "Duplex" or "Building" means the improvements constructed upon the Lot. C. "Lof' or "Building Site" means Lot D-30, Aspen Glen Filing No. l, Garfield County, Colorado. D. *Map" means the engineering survey of the Lot filed on ReceptionNo.of the Records of the Garfield County Clerk and Recorder, depicting and locating with specificity the Units and the Common Access Easement (if any), which land and improvements are subject to the Supplemental Declaration. E. ooOwner" means a person, persons, firni, corporation, parhrership or association, or other legal entity, or any combination, owning an interest in the Parcels, and shall include, when the context permits, such Owner's family, agents, guests, invitees and, if such Owner is not a natural person, such Owner's ultimate natural person benefipial Owners. F. o'Unif'means either Unit A or Unit B of the resubdivision of Lot D-30, Aspen Glen Filing No. 1, according to the recorded Map together with the improvements located upon each respective division of the Lot, the improvements thereon, and appurtenant rights and obligations. SECTION III DESCRIPTION AND RESERVATION Every contract of Sale, Deed, Lease, Mortgage, Trust Deed, Will or other instrument ' shall legally describe a Unit of the Lot or arealproperty interest therein as follows: Unit A or Unit B, (as the case may be) Lot D-30, Aspen Glen Filing No. l, according to the recorded Map thereof and according to the Party Wall Agreement and Supplemental Declaration of Covenants, Conditions and Restrictions for Lot D-30, Aspen Glen Filing No. 1, recorded in Book _, at Page _ of the records of the County of Garfield, State of Colorado. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise af[ect the Units and all appurtenant rights, benefits and burdens thereto as created by the provisions of this Supplemental Declaration, and each such description shall be so construed. SECTION IV PROPERTY DIVISION A. Declarant hereby establishes this plan for the subdivision of the Lot into two Units for Ownership in fee simple consisting of Unit A and Unit B. B. If the Map depicts a Common Access Easement the owner of Unit A and the Owner of Unit B shall each have an undivided interest in the Common Access Easement. The area on the Map identified as the Common Access Easement shall be subject to the applicable provisions set forth in this Supplemental Declaration. C. Units A and B shall each have appurtenant thereto the right to use the Common Access Easement for the pqposes established in this Supplemental Declaration, which right shall be inseparable from Unit A and Unit B and may be conveyed, leased, devised or encumbered only as such undivided and appurtenant interest. D. No Owner shall bring any action for partition or division of Unit A and Unit B from their appurtenant undivided interests in the Common Access Easement. E. In the event Unit A and Unit B are owned by the same person or entities, the doctrine of merger shall not apply. F. The parties, if more than one, having the Ownership of each such Unit shall agree among themselves how to share the rights and obligations of such Ownership; provided, however, that if a corporation, parhrership, association or other legal entity shall become an Owner, or the parties, if more than one, have concurrent Ownership of a Unit, then such entity or concurrent Owners shall from time to time designate one individual who shall represent such entrty or concurrent Owners in all matters conceming aU rights and obligations pursuant to this Supplement Declaration. G. Any such entity or concrrrent Owners shall give written notice to the other Owner designating the individual to act on its or their behalf and such notice shall be effective r.rntil revoked in writing by such entrty or Owners. Any act or omission by such designated individual shall be binding on the entity or Owners so designating him. H. Each Unit shall be considered a separate parcel of real property and shall be separately assessed and taxed. SECTION V ENCROACHMENTS If any portion of the improvements associated with Unit A or Unit B now encroaches upon the other Unit as a result of the construction of any building, or if any such encroachment shall occur later as a result of settling or movement of any building, or if any such encroachment shall occur later as a result of settling or movement of any building, a valid easement for the encroachment and the maintenance of the surme so long as the building stands, shall exist. In the event any building shall be partially or totally destroyed as a result of fue or other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt, encroachments of parts of the building on the other Unit, due to such rebuilding, shall be permiued, so long as such encroachments are of no greater extent than those previously existing, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. SECTION VI PARTY WALL A. The common wall placed on the common boundary separating Unit A from Unit B, the footings underlying said wall and the portion of roof over such wall are collectively referred to as the "Party Wa11." B. To the extent not inconsistent with this Supplemental Declaration, the general rules of law regarding party walls and liability for damage due to negligence or willful acts or omissions shall apply to the Paxty Wall. C. The Owners of either Unit shall have a perpetual easement in and to that part of the other Unit on which the Party Wall is located, for party wall purposes, including mutual support, maintenance, repair and inspection. In the event of damage to or destruction of the Party Wall from any cause, the Owners shall at joint expense, repair or rebuild the Party Wall, and each Owner shall have the right to full use of the Party Wdl so repaired and rebuilt. Notwithstanding anything contained above to the contrary, ifthe negligence or willful act or omission of any Owner, his family, agent or invitee, shall cause damage to or destruction of the Party Wall, such owner shall bear the entire cost of repair or reconstruction, and an Owner who by his or her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the full cost of furnishing the necessary protection against such elements. SECTION VII LA}IDSCAPNG, SERVICE FACILITIES AND PARKING Subject at all times to the relevant provisions of the Master Declaration: A. The Owners from time to time shall undertake such landscaping and general outdoor improvements including but not limited to driveway and parking areas as they may mutually and unanimously deem proper forthe harmonious improvement of both Unit in a common theme, and each Owner shall be solely responsible for all expenses, liabilities and general upkeep responsibilities with respect to such landscaping and outdoor improvements on the Unit of that Owner. The Owner of one Unit shall not unreasonably damage the value of the other Unit such as by shoddy upkeep outside, but both Owners shall make all reasonable efforts to preserve a harmonious common appearance of the Units. Nothing contained in the Supplemental Declaration shall be deemed to prevent either Owner from adding any additional natural landscaping, trees or similar items to such Owner's Unit, or from installing grass, all at the sole expense, maintenance and upkeep of such Owner, unless otherwise specifically agreed to by the Owners themselves. B. Common utility or service connections or lines, coillmon facilities or other equipment and property located in or on either of the Units but used in common with the other Unit, if any, shall be owned as tenants in common in equal undivided one-half interests by the Owners of each Unit and, except for any expense or liability caused through the negligence or willful act of any Owner, his or her family, agent or invitee, which shall be borne solely by such Owner, all expenses and liabilities concerned with such property shall be shared proportionately with such Ownership. The Owner of the Unit on which such property is not located shall have a perpetual easement in and to that part of such other Unit containing such property as is reasonably necessary for purposes of maintenance, repair and inspection. C. The are4 if any, identified on the Map as *Common Access Easement" shall be a cofilmon access to facilities on both Units. There is created a reciprocal easement and right-of- way for each Owner over, across and tlrough any Common Access Easement. The Owners shall have equal right to the use of such Common Access Easement and no Owner shall hinder or permit his or her invitees to hinder reasonable access to the other Owner's Unit, or park or pennit his or her invitees to park any vehicle on the Common Access Easement in a manner which will prevent access to the other Unit. It is presumed that snowplowing, heating, and other necessary maintenance ofthe Common Access Easement will be required from time to time, the costs of which will be shared by the Owners. Other maintenance, repair or improvements of the Common Access Easement may be required from time to time, and the same shall be undertaken upon the unanimous agreement of the Owners who shall share all expenses. SECTION VIII ALTERATION, MAINTENAI\CE AND REPAIRS Subject at all times to the relevant provisions of the Master Declaration: A. In addition to maintenance provided for, the Owners shall, at their own individual expense with respect to each respective Unit, provide exterior maintenance and exterior repair upon the Units and the unimproved portions of the Units including, but not limited to, the exterior walls and the roof housing the Units. Repair and replacement or cleaning of exterior windows shall be considered interior maintenance. If the need for repair or maintenance is caused through the negligence or willful act of any Owner, such Owner shall bear the entire cost of such repair or maintenance, even though the need for such repair or maintenance exists on the other Owner's Unit. B. In the event an Owner, at his or her own expense, fails to maintain, preserve, and replace as needed, the trees, shrubs and grass (the plantings), landscaping or other outdoor items within the property boundaries of his or her Unit commensurate with the standards set forth in the Master Declaration, the other Owner may, after 30 days written notice to the Owner, if such failure continues and if within that time the oflending Owner has failed to make a good faith effort to bring his or her plantings, landscaping or other outdoor items into substantial conformity with the neighbors plantings, landscaping or other outdoor items, contract with responsible parties to bring to standard the offending Owner's plantings, landscaping or other outdoor items and charge the offending Owner therefore and such cost shall be added to and become a charge and lien to which such Unit is subject. The Owner grants to the other Owner, its agents and assigns, an irevocable easement to perform the above work. C. Each Owner shall be solely responsible for maintenance and repair of the inside of his or her Unit including fixtures and improvements and all utility lines and equipment located there and serving each Unit only; window glass and frames shall be deemed interior maintenance. In performing such maintenance and repair, or in improving or altering his or her Unit, no Owner shall do any act or work which impairs the structural soundness of either Unity or the Party WaIl or which interferes with any easement granted or reserved in this Supplemental Declaration. D. Utility or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Units, which are used solely to supply a service or utility to one Unit, shall be owned by the Owner of the Unit using such utility or service and all expenses and liabilities for repair and maintenance shall be borne solely by the Owner of each Unit, urho shall have a perpetual easement in and to that part of such other Unit containing such property as it reasonably necessary for prrposes of maintenance, repair and inspection. Such utility or service connections or lines, facilities or other utility equipment which serve both Units shall be the responsibility of the Owners of both Unit A and Unit B and expenses associated therewith shall be borne as provided under Section IX below. E. No Owner shall make or suffler any structural or design change (including a color scheme change), either permanent or temporary and of any type or nature whatsoever, upon any part of his or her Unit without first obtaining the prior written consent of the other Owner. The Units shall be painted in the same color scheme and at the same time, and both Units shall be maintained in the same manner. In the case of damage or destruction of any Unit or any part to be repaired and restored, applying the proceeds of insurance, if any, for that pqpose. Such Unit shall be restored to a condition comparable to that prior to the damage and in a harmonious manner to promote the common theme of both Units. SECTION IX ALLOCATION OF EXPENSES Costs and expenses of landscaping, service facilities, parking, alteration, maintenance and repairs, except as caused by the negligence or willful act of an Owner, shall be allocated in the following proportions : Unit A. .........50% Unit 8.. ........50% SECTION X MECHAMC'S LIENS: II\TDEMNIFICATION A. Except for items incuned as a common expense as provided for in this supplemental Declaration, if any Owner shall cause any material to be furnished to his or her Unit or any labor to be performed, the other Owner shall not under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished; all such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his or her Unit or any improvements; nothing shall authorize either Owner or any person dealing through, with or under either Owner to charge the Unit of the other Owner with any mechanic's lien or other lien or encumbrance whatever; and, on the contary, the riglrt and powerto charge any lien or encumbrance of any kind against one Owner or against one Owner's Unit for work done or materials furnished to the other Owner's Unit is expressly denied. B. Except as provided for below, if, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the other Owner's Unit or any improvements, or against any other Owner (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his or her own cost and expense cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to such other Owner, within 20 days after the date of filing, and further shall indemniff and same the other Owner harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees. SECTION XI INST]RANCE A. Each Owner shall keep his or her Unit and all fixtures insured against loss or damage by fire and extended coverage perils (including vandalism and malicious mischiefl for the maximum replacement value, which amount shall be established by mutual agreement of the Owners. In the event the Owners cannot agree upon the replacement value for purposes of establishing the level of insurance to be obtained, any Owner may on 30 days' written notice, at any time one year or longer after the last appraisal of the Units, obtain a written appraisal of such Units from a competent appraiser, and the cost shall be allocated as set forth in Section D(. Such appraiser shall be a disinterested and independent third party who is unrelated in any manner to either Owner whether through joint business adventures or otherwise. B. Each Owner shall provide and keep in force, for the Owner's protection, general public liability and property damage insurance against claims for bodily inj,rry or death or property damage occurring in, on or upon, his or her Unit and any improvements, in a limit of not less than $500,000 in respect of bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if high limits shall at any time be customary to protect against possible tort liability, such higher limits shall be carried and each Owner shall name the other Owner as an additional insured party under such policy. C. Each Owner shall deliver to the other Owner certificates evidencing all insurance required to be carried under this paragraph, each containing agreements by the insurers not to cancel or modiff the policies without giving the other Owner written notice of at least 30 days. Each Owner shall have the right, upon his or her reasonable request, to inspect and copy all such insurance policies of the other Owner and require evidence of the payment of individual premiums. D. Nothing provided in this paragraph shall prevent the Owners from jointly acquiring a single policy to cover any one or more of the hazards required in this paragraph to be separately insured against by each Owner. SECTION XII DESTRUCTION Of,' IMPROYEMENTS ON T]NIT A. ln the event of damage or destruction to a Unit by fire or other disaster, t}re insurance proceeds, if suffrcient to reconstruct the Unit, shall be deposited into a bank account which requires, for withdrawals, the signature of both the Owners, unless otherwise required by the insurance carriers, in which event the requirements of the insurance cariers shall establish the method of disbursement. The Owners shall then promptly authorize the necessary repair and reconstruction work and the insurance proceeds will be applied by the Owners to defray the cost. "Repair and reconstruction" of the Units rnean restoring the improvements to substantially the same condition in which they existed prior to the damage with such Unit having the same boundaries as before. B. If the insurarrce proceeds are insuffrcient to repair and reconstruct any damaged Unit, such damage or destruction shall be promptly repaired and reconstructed by the Owner using the insurance proceeds and the proceeds for a special assessment against the Owners of the damaged Unit. Any such assessments shall be equal to the amount by which the cost of reconstruction or repair of the Unit exceeds the sum of the insurance proceeds allocable to such Unit. Such assessments shall be due and payable not sooner than 30 days after written notice of the assessments. The special assessment provided for in this agreement shall be a debt of each Owner and a lien on his or her Unit and the improvements and may be enforced and collected by foreclosure proceedings in the Courts. C. Notwithstanding the above, the Owners and first mortgagees of any or all of the destroyed or damaged Units may agree that the destroyed or damaged Units shall immediately be demolished and all debris and rubble caused by such demolition be removed and the Uni(s) regraded and landscaped. The cost of such landscaping and demolition work shall be paid for by any and all insurance proceeds available. Any excess insurance proceeds shall then be disbursed to such Owners and their first mortgagees jointly. SECTION XIII RIGHT TO LIEN A. If an Owner, at any time, shall neglect or refuse to perform or pay his or her share of any obligation required under this Supplemental Declaration, the other Owner may, but shall not be obliged to, after 15 days written notice unless the circumstances required immediate action, make such payment or, on behalf of such other Owner, expend such sum as may be necessary to perform such obligation including, but not limited to, the payment of any insurance premiums required under this Supplemental Declaration or the undertaking of any work required under this Supplemental Declaration for repair, restoration or maintenance, and such other Owner shall have an easement in and to that part of such defaulting Owner's Unit as is reasonably necessary for such repair, restoration or maintenance. B. All sums so paid or expended by an Owner, with interest at the rate of lSYoper year from the date of such payment or expenditures, shall be payable by the Owner so failing to perform (the "Defaulting Owner") upon demand of the other Owner. C. All sums so demanded but unpaid by the defaulting Owner shall constitute a lien on the Unit of the defaulting Owner in favor of the other Owner prior to all other liens and encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such Unit. The lien shall attach from the date when the unpaid sum shall become due and may be foreclosed in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by the nondefaulting Owner setting forth the amount of the unpaid indebtedness, the name of the Defaulting Owner, and a description of the Unit. In any such foreclosure or any other collection proceeding the Defaulting owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees, all of which costs shall be included in the lien as provided in this agleement. D. The lien provided for in this Supplemental Declaration shall be subordinate to the lien of any first mortgage or deed of trust, including all additional advances. Sale or tansfer of any Unit as the result ofjudicial foreclosure, mortgage foreclosure through the public trustee, or any proceeding in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer, but shall not relieve any former Owner ofpersonal liability. The mortgagee of such Unit who acquires title by way of foreclosure or the taking of a deed in lieu of foreclosure shall not, however, be liable for future assessments on the date it becomes the Owner of such Unit. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof. In the event of the sale or transfer of a Unit with respect to which sums shall be unpaid by a defaulting Owner, except transfers to a first mortgagee in connection with a foreclosure of its lien or a deed in lieu thereol the purchaser or other transferee of an interest in such Unit shall be jointly and severally liable with the seller or transferor for any such unpaid sums. E. Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Unit, the Owner of the other Unit shall issue a written statement setting forth the amount he or she is owed under this paragraph, if any, with respect to such Unit. Such statement is binding upon the executing Owner in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within fifteen days after receipt, all unpaid sums which became due prior to the date of making such request shall be subordinated to the lien or other interest of the person requesting such statement. SECTION XIV ALL OWI\TERS RESPONSIBLE . ARBITRATION Both Unit Owners shall be mutually responsible for the administration and management of the obligations created under the Supplemental Declaration. However, in the event both Owners cannot mutually agree when a decision is required by this Supplemental Declaration, the impasse shall be resolved in accordance with the Colorado Arbitration Act. The Owners who have reached an impasse shall agree upon a single arbitrator who shall be an experienced operator or manager of a planned community. In the event the parties are unable to agree upon the arbitrator within sixty (60) days after written notice, the presiding judge of the District Court of Garfield County, Colorado, shall appoint an arbitrator qualified as set forth herein upon application by either party. The decision of the arbitrator shall be binding upon the parties and judgment upon the determination of the arbitrator shall be entered by the District Court in and for Garfield County, Colorado. Any and all discovery conducted in conjunction with such arbitration shall be in accordance with the limited discovery provisions of the Colorado Rules of Civil Procedure. SECTION XV NOTICE Each Owner shall register its mailing address with the other Owner and all notices or demands intended to be served upon Owners shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. In the alternative, notice may be delivered, if in writing, personally to Owners. SECTION XVI DURATION OT' DECLARATION Unless amended as herein provided, each provision contained in this Supplemental Declaration shall continue and remain in full force and effect until December 31, 2050, and thereafter for successive periods of ten years each; unless as least one year prior to December 31, 2050, or at least one year prior to the expiration of any such ten-year period of extended duration, this Supplemental Declaration is terminated by recorded instrument, directing termination, signed by all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XVII AMENDMENT OR REVOCATION This Supplemental Declaration may be amended or revoked only (a) by Declarants so long as Declarants own both Unit A and Unit B, or (b) upon unanimous written approval in recordable form of all Owners and all lienors holding a first mortgage or first deed of trust of record on any portion of Unit A or Unit B. SECTION XVIII ENFORCEMENT AND REMEDIES A. Each provision of this Supplemental Declaration shall be enforceable by any Owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover darnages. If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Supplement Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorney fees. B. Each Owner agrees that any and all actions in equity or at law which are instituted to enforce any provisions under this Supplemental Declaration shall be brought in and only in the District Court of Garfield County, State of Colorado. C. Failure to enforce any provision of this supplemental Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision hereof. SECTION XIX EXERCISE OT'RIGHTS Any exercise of any rights granted under this Supplemental Declaration by one Owner with respect to the other Owner's Unit, including but not limited to the use of any easement granted, shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon such other Owner's use of his or her Unit. SECTION XX SUCCESSORS AI{D ASSIGNS Except as may otherwise be provided herein, this Supplemental Declaration shall be binding upon and shall inure to the benefit of Declarant and the Owner of each Unit, and the heirs, personal representatives, successors and assigns ofeach. SECTION XXI SEVERABILITY Invalidity or unenforceability of any provisions of this Supplemental Declaration in whole or in part shall not affect the validity or enforceability of any other provision hereof. SECTION XXII CAPTIONS The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Supplemental Declaration. SECTION XXIII CONSTRUCTION When necessary for proper, the masculine of any word used in this Supplemental Declaration shall include the feminine or neuter gender, and the singular the plural, and vice versa. In Witress Whereof, Delcarant has executed this Declaration on the 20th ----'.-day ofMay_,2010. DECLARANT By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this day of 2oo-,by Witress my hand and official seal. My commission expires: Notary Public From: Sent: To: Cc: Subieet: Attachments: Kathy, I do have a few commefits on the plat: Please add the following certificates {attached): 1. Title or Attorney Certificate 2. TreasurerCertifrcate Please amend the foltowang certificates (attached) as some of the required language is missing: 1. Surveyor Certificate 2. Certificate of Dedicatbn and Ownerhip ptease add reference in the notes regarding ttre Partylxul; agreement (such as this lot is subiect to a Party-Wall Agreement recorded in the office of the Garfield C.ounty Cle* and Recorder). Remove refererre to LCE. as this only exists when subiect to dechrations, instead an aoocss easement sholH be created on that portbn of frre driveway on Lot 3OB for the perpetml right of tot D3OA fur access. Add a note that states that the purpose of this amended plat is to create two seFrate parcets abrg the onrmon ryall of the duplex unit and to create an aocess easement fior the benefit of Lot D3OA. Chris, you may want to add lalgtnge in the Party-Wall Agreement regarding the use and maintenance of the oommon drivewryand lardscapirg on Lot D3O. tt couH prevent problems in the frrture. Once alt of these changes have been made phase prodde one blue line copy for my final rwiry. The Director will make a decision on the application on May 2fl we would eryect to receive the signed myhr any time after that date. Feel frree to aofltact me with any guestbns. Kothy Eostley, AI:CP Senior Plonner Garfield County Building & Plonning 108 8th Streat,#4Ol Glenwood Springs, CO 8l60t Phona 970-945-8212 e><t. l58O Fox 97A-3e4-347O keost lev@oorf i eld-county.com Kathy A. Eastley Tuesday, May 11,2010 3:12 PM 'kathy steinwindef 'Chris Skiefel' Aspen Glen Lot D30 Stiefel Plat Certificates. docx 5f,fl.ur" consicler the environment before printing this e-mail. Guffield County SARVEYOR. SCOTT AIBNER. P.LS Jeffiey Tutrle - Tutrle Surveying Services Scof Aibner - Garfield County Surveyor Re-SuMivision of Lot D30, Aspen Glen Filing No. I 0511012010 To: f,'rom: Subiect: Date: Dear Jeff, Upon review of the Re-SuMivision of Lot D30, Aspen Glen Filing No. l, I have preparcd a list of comments or corrections to be made prior to approval for survey content and form as follows: The namc aod square fuages for each lot should be labeled on each lot. The party wall line (lot line) shall indicate bearing and distance. The overall lotD30 has a closure error of 0.10 f@t. In the notes section, the total lot area indicating 8E74sf should refer to lot D308. The plat reception number in the heading does not match the reception number given in the certificate of dedication and ownership, also in the certificate the lot is referred to as lot 3O not lot D30. The vicinity map scale is incorrect and does not contain a north arow. There is no me,ntion of lot D30 being subdivided in the certificate of dedication and ownership. Once these and all final comme,nts from Building and planning have been completed, the Mylar may be prcpard forrecording. The Mylar shall be &livered to the Building and Planning office with all pivareparty signafurcs no later than Monday the week prior to the rcxt comrnissioner meting day in order to make that meeting. Sincerely, Scott Aibner Garfi eld County Strrveyor cc Kafhy Eastley -Building md Planning Deparfrnent l. 2. 3. 4. 5. 6. 7. 109 8 th Street ,Suite 201 . Glemood Springs, C081601 , (970)945-1377 . Fu: (970)384-3460 , e-mail:soibner@gafield-countycom Garfield County BAILDING & PLANNING DEPARTMENT March 22,2010 Chris Striefel lSAUpland Drive Carbondale, CO 81623 cstriefel@aol.com RE; Amended Plat Aspen Glen, Filing 1, Lot D-30 Fib Humber FPAA6347 Dear Mr. Striefel: The BuiHing and Planning Deparhrent has reviewed the submittal documentation for the above referened arnendment (re-subdivision) and requests the fiolloring required information: 1. Copy of Gondominium Declarations. ln-lieu d providing the above informatiron the plat corH be cfiarlged to a fee- simple LOT SPLIT dourn the common wall rather than a condominiumization of the stnrcfrrre. The creation of an entity to mlbct HOA dues ftom the tulo units for fu maintenance of the General and Limihd Comrnon Elements on the lot is required with a condominium. ShouH you chose to subdivide the paroel into a fesimple lot split creating 2 lots (Lots D-30A and D-308) along the common party wall, a "pafi-wall agreement" format can be obtaaned ftonr the Aspen Glen HOA. This "party-wall agreemenf stipulabs frte responsibilitbs of each of frre owners regarding corunon maintenance issues. Tfre revbw prooess cannot move fonv'ard untilsuch time as the Csdo Decs are provided, or the plat is amended to a fee-simple split rather than a mndominium. Please let rne knov if you have any questions on this proess. Cc: File Jetr Tuttle, Tuttle Surveying 108 Eighth Street, Suite 401 . Glenwood Springs, CO 81601 (970) 945-8212, (970) 285-7972, Fax: (970) 384-3470