HomeMy WebLinkAboutParty Wall AgreementDECLARATION AND PARTY WALL AGREEMENT
This DECLARATION and PARTY WALL AGREEMENT ("Agreement") is made this_
I2day of January, 2022, by Natallia Kharkhal, a married woman (the "Declarant")
WHEREAS, Declarant is the Owner in fee simple of the following real property located
in Garfield County, Colorado, described as:
Lots D-34, Section: 20 Township: 7 Range: 88 Subdivision: Aspen Glen Fig 1 Lot
D-34 known as No. 65 Upland, Carbondale, CO 81623 of the Garfield County
records ("Subject Property")
WHEREAS, Declarant has constructed on the Subject Property one (1) building consisting
of two separate townhome units, herein referred to as Unit A and Unit B, which units are separated
by a common wall; and
WHEREAS, these units shall be known collectively as the Lot 34 Duplex (hereinafter
"Duplex"); and
WHEREAS, Declarant wishes to provide for separate ownership of the lots upon which
each unit is located and to create easenie nts relating to each lot, certain shared property, the party
wall (placed equally divided b r;<<, )rijmon boundary separating the units), the footings
underlying such party wall and -il-c i c t w r su:.it party wall.
NOW, THEREFORE, it these premises, the sufficiency of which is hereby
acknowledged, the Declarant hereby makes, publishes and declares the following easements and
restrictions which shall hereafter run with the Subject Property and shall be binding upon and inure
to the benefit of the Declarant, its successors and assigns, forever.
1. Creation of Separate Estates. The Subject Property consisting of two (2) separate
lots, together with all improvements thereon, is hereby divided into two (2) separate
estates as follows:
Unit A, Lot D-34 Duplex, 65 Upland Lane, Unit A, Garfield County, Colorado, consisting
of Lot D-34, Unit A, all improvements thereon and all easements and rights-of-way
appurtenant thereto as provided herein and as more particularly described in the map and
final Plat attached hereto and incorporated herein by reference as Exhibit A.
Unit B, Lot D-34 Duplex, 65 Upland Lane, Unit B, Garfield County, Colorado, consisting
of Lot D-34, Unit B, all improvements thereon and all easements and rights-of-way
appurtenant thereto as provided herein and as more particularly described in the map and
final Plat attached hereto and incorporated herein by reference as Exhibit A.
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Declaration and PmV Wall Agmt.
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2. Party Wall Declaration. The said party wall dividing Unit A and Unit B is hereby
declared to be a party wall and shall be constructed as a party wall between said units
under the laws of the State of Colorado except as specifically provided herein.
3. Party Wall Easement. Mutual reciprocal easements are hereby established, declared and
granted for the party wall between Unit A and Unit B, which reciprocal easement shall be
for mutual support, and shall be governed by this Declaration. Every deed, whether or not
expressly so stating, shall be deemed to convey and be subject to such reciprocal
easement. Neither owner of either Unit shall alter or change said party wall in any
manner, interior decoration excepted, and said party wall shall always remain in the same
location as when erected.
4. General Law- Party Walls. The wall that is built as part of the original construction
of the duplex on the Subject Property and placed on the dividing line between the
Lots/Units shall constitute a party wall. To the extent not inconsistent with the
provisions of this Declaration, the general rules of law regarding party walls and liability
for property damage due to negligence or willful acts or omissions shall apply.
5. Repair and Maintenance of Party Wall. The cost of repair, replacement and
maintenance of the party wall shall be borne equally by both owners of the Units.
Both Unit Owners shall be responsible for all costs of repairs. The wallboard located
on the interior of the separate Units, that covers the party wall shall be maintained,
repaired and owned by selely by ghat Unit Owner.
6. Damage to Party Wall. In the event of damage or destruction of said party wall from
any cause, other than negligence of an owner, the then owners shall, at joint expense
as outlined in Paragraph 5, repair or rebuild the wall, and each owner, his/her/its
successors and assigns, shall have the right to the full use of said wall so repaired or
rebuilt. If either owner's negligence shall cause damage to or the destruction of said
wall, the negligent party shall pay one hundred (100%) of all costs to repair or restore
such wall. In the case of negligence of one owner, the other owner may have such
damage or destruction repaired or restored and shall be entitled to have a statutory
mechanic's lien or other appropriate lien on the Unit of the owner atfault and failing
to pay, for the amount of repair or replacement costs, interest accruing from the date
of completion of repair or reconstruction at the rate of twelvepercent (12.0%) per
annum, plus costs and attorneys' fees.
7. Drilling Through the Party Wall. Either owner shall have the right to breakthrough
the party wall for the purpose of repairing and restoring sewage, water, electrical
and/or other utilities, should any of these be installed therein, subject to theobligation
to restore said wall to its previous structural condition at that owner's sole
65 Upland Lane Duplex
Declaration and Prn•ty Wall Agnrt.
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expense and the payment to the adjoining owner for any damage proximately caused
thereby.
Roof and Exterior of Duplex. Maintenance and repair of the roofs of the Duplex shall
be undertaken with the unanimous consent of both owners of the Units and at the
proportional expense of both owners which shall be determined by reference to an owner's
portion of the finished square footage of the Duplex building to that of the finished square
footage of the entire Duplex building. While each owner of a Unit shall be responsible
for the cost of work for the maintenance and upkeep of the exterior of their Unit, neither
owner shall refinish or alter the exterior of their Unit in any way with regard to changing
the material, color, texture, style, or finish other than as unanimously agreed to by both
owners or otherwise allowed for in this Declaration. If the owners cannot unanimously
agree, then such alteration must match the existing materials, colors, textures, style and
finish of the entire Duplex.
9. Decks. Each Unit owner may install decks on the exterior of their Unit at their sole
expense.
10. Insurance. Each Unit owv—,� steal! olbfiain and maintain at all times liability insurance and
insurance against loss or dar ag": by I;re and such other hazard as is generally covered in
the area under standard extended coverage provisions for at least the full insurable
replacement cost of the improvements on his/her/its Lot. Proof of such insurance shall be
supplied by each Unit owner upon the reasonable request of the other Unit owner. The
insurance shall provide that it cannot be cancelled by eitherthe insured or the insurance
company until written notice has been sent to the owner. Each owner may obtain whatever
additional insurance he/she/it so desires. Each owner may, at any time, one year after
the most recent appraisal, demand of the other owner an appraisal of the subject property
for insurance purposes, or may have such appraisal made. In case of any such appraisal,
the parties in each building shall share the cost thereof equally.
11. Utilities. A mutual easement for the benefit of both of the Units for the location,
installation, maintenance, repair and removal of utility facilities, only if necessary,
including but not limited to systems, lines, pipes, tanks, metering or distribution
devices for gas, water, sewer, electricity, telephone or television purposes is hereby
granted, together with the right to ingress and egress therefore, on, over or through
the Subject Property and the improvements constructed thereon, subject to the
obligation to restore as nearly as possible said Subject Property and improvements.
12. Driveway Easement. The Units have a common driveway. There is therefore granted
hereby to the Units a non-exclusive reciprocal easement for ingress and egress purposes
over and across those portions of the Lots that are used as a driveway and which are more
particularly noted on the plat attached hereto as an access
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Declaration and Party Wall Agmt
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casement. Said easement for the driveway shall be mutually maintained at the equal
expense of the Unit owners. However, each Unit owner, their guests and invitees may
only park their vehicles on their own Lot and shall not block or otherwise interfere
with access to the other Unit.
13. Common Fences. Any fences located along the common boundary between Lots shall
be maintained by the owners in accordance with the terms set forth in Paragraph 5,
above.
14. Covenants Running with the Land. The easements and restrictions hereby created are
and shall be perpetual and construed as covenants running with the land and each and
every person accepting a deed of anywise any portion of the Subject Property shall be
deemed to have accepted the same with the understanding that they are bound hereby.
The undersigned, in executing and delivering deeds to the described Subject Property,
shall provide by reference, in said conveyances, that the same are subject to the terms,
conditions, reservations, restrictions and covenants herein contained, and may designate
the Book, Page and Reception number of the Garfield County, Colorado real estate
records in which this instrument is recorded.
15. Amendments. This Declaration may be amended or revoked only by instrument in
writing duly executed and acknowledged by the owners of all Units in the Subject
Property and all holders o i'c coed of first mortgages or first deeds of trust thereon, and
upon the recording of such amending instrument in the real propelty records of Garfield
County, Colorado.
16. Severability. 1f any provision of this Declaration or any provision, section, sentence,
clause, phrase or word, or the application thereof is determined to be invalid or
unenforceable, it shall not affect the validity or enforceability of any other provision,
section, sentence, clause, phrase or word.
17. Fixtures and Equipment. Each Unit shall have its own separate fixtures, utility hookups
and equipment, including but not limited to: electrical fixtures, plumbing fixtures,
doorways, windows, gas mains and meters, water meter, electrical meter, sewer service
line and furnace. Each Unit owner shall be responsible for the repair and maintenance
of such fixtures and equipment for his/her/its Unit.
18. Attorneys Fees. Should any Unit owner be required to take action to enforce, by legal
proceedings or otherwise, any condition, restriction, covenant or other right or
obligation imposed pursuant to this Declaration, the prevailing party, as determined
by the Court, shall be entitled to recover costs and reasonable attorneys' fees.
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Decloration and Party [Vall.tgmt.
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IN WITNESS WHEREOF. the under signed has executed this instrument this
13 day of January, 2022.
DECLARANT:
Natallia Khar
By:
Na al is ar ha
STATE OF � � 0 �` )
ss
COUNTY OF ��
Subscribed and N'Nwrn to this day of
satisii3ctor- to identify to me as Natallia Kharkhal.
NOTARY :�
Witness my hand and official seal
My commission expires: V ll, �7%a o 2l
17,
NGG 341119
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