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HomeMy WebLinkAboutBIGHORN SUBDIVISION PARCEL B UNIT C & D.pdfP,N0. 111 MAR. 9,2004 l0:27AM SSF REAL ESTATE *-::.ff-'* I I , Jf*lEt titt$H!iet . ii!rEElrl ;::- -':: i i Eil il! ii:i!!!i 'iiiiiiiii'iiiii'li ii lii !: iiiiii .t: :i"l i 't h ;IF rili |e I '---" !';s-.;'oJ- $fl$tt q 8"3$$ c; 5$cS$ P 5s gt g isiil s !9S-''g- 35 (rJ " irr8 c+ Son' ) :ii $-i$ * b it |\. rD \a'q Iii .''jr id I iiiiiiiffiHiii I I i I t; #:E f rL E 'liiiilllE Fiiilli 3i i.I I t_ !.t {uIifl FrflFruli* a l' a t F I rt !F E IE F E E '#F ffiF l' -F i 3t I t=F2 ,7i a;3r Vl F.l lt 6( K!rt =E t I i,t : I r I a E E i 2 2 I t g I t T I ! E f ;I i I =t ti t t t -rN .fl ttt tf\!fr-/l &t- t\flr ilF n\\\ I I t I !; i ic II fr tl tt IT Ei fi I t r t 1 -rour}'t 0F LrF| r L- l'liscel larEous Csh 1t-ffs-91 19: tF,:01 1J[16 FEES 1BS. BB Rrtoun t paid 1EB. EB B.8E Fieceipt * B$?erBl Flccouni * f,H i| [,Ol'lFrt-B FFIOSEEF:,..ff FF. Bmoun t tends. re'-l .:, Item paid EI gEErg4I3f,868e1 Ch.rng* returnPd ] THFIhI}< VOIJ !'our ca=hier S'fEFHRl.lIE ^ioil ?xzqool PARfi WALL AGREEMENT WHEREAS, Colorado National Bank - Exchange, a National Banking Association is the owner in fee simple of Parcel B, Streamslde Duplexes' Town of Vail, Eagle County, Colorado according Eo the recorded plat thereof' hereinafter ttThe Lottt and WIIEREAS, The Declarant hereof wishes co provide for separate ownership of units upon said lot and to create easements relating to each unl-t, certain separately owned propertyr and the party wall unl-ts, the footings underlaying such party wall and the roof over such party wall. NOW THEREFORE, in consideration of these premises, the Declarant hereby rnakes, publishes and declares the following easements and restrictions which shall hereafter run wlth the land and be binding upon and inure to the benefit of the Declarant, his successors and assigns forever: 1. Division of Subject Property (The Lot): Ttle subject property i-s hereby divlded into three (3) parcels as follows: Parcel B Unit C Unit D such parcels being more partlcularly described on Map recorded r^rith the Eagle County Colorado Clerk being incorporated herein. 2. Creation of Separate Estates: The with all improvements thereon, ls hereby dlvided estates as follows: the Minor Subdlvision and Recorder, such maP subject property, together inro Tt^Io ( 2) separate Unit C, Consisting of all improvernents thereon and all easements and rights-of-way appurtenant thereto together with an undivided one-ha1f interest ln Parcel B. Unlt D, Conslsting of all LmProvements thereon and all easements and rlghts-of-way apPurtenant thereto together wlth an undivLded one-half interest i-n Parcel B. Both such separate estates sha11 be held subject hereto and roay for all purposes be conveyed and descri.bed as unit c and unit D pursuant to these declarations respectivelY. 3. tt0wnertt Defined: ttownertt as used herein, unless a contrary intention clearly appeais, sha11 mean either the party or partles holding title to unit D or the party or partles holding title to unit c, as the case may be and tt0ther Omert' shall mean the party or parties holding tLtle to the other unit. 4. Party Wall Declaration: The said party wall dlvldlng Unit C and Unit O is frereby declared to be a party I^7a11 and sha11 be constructed as a party wall between such units under the law of the State of Colorado except as specifi-cally provided herein. 5. Easement: Each owner shall have a perpetual easement Ln and to that part oT- th" "nbject property owned by the other owner and on which said party wal1 is located, for party wa11 purposes, including malntenance' repai-r and lnspectionl neither owner shal1 alter or change sald party wall in any manner, lnterior decorating excepted, and said party wal1 shall alwavs remain in the same location as when erected. 6.I,Iall : The cos t of maintalnlng the party wa1l shall be borne proporilonately by both owners. Maintenance of external appearance and of the roofs shall be under taken with the unanimous consent of both o\47ners and at a proportionate expense of both owners unless the o\^rners unanimously agree to the contrary. Said proportion shall be determined by each orrnert s portion of the finished square footage to that flnlshed square footage of the entire building. unless otherwise providedt all ltems of maintenance, repair and replacement shal1 be prorated between the owners by such ProPortion. 7. Darnage to Party Wall: In the event of damage or destruction of saj.d wa1l from any cause, other than the negligence or willful act of elther party thereto, then the owners shall, at jolnt expense, repalr or rebulld saJ.d wa11, and each party, his successors and assigns, shall have the right of fu11 use of said wa1l so repalred or rebu11t. If elther partyrs negligence or witrlful act sha11 cause danage to or destruction of sald wa11, such negligent or wtllful party shal1 bear the entire cost of repair or reconstruction. If either party sha11 neglect or refuse to pay his share, or all of such cost 1n case of negligence or rril1fu1 act, the other party may have such wa1l repalred or restored and shal1 be entltled to have such wall lien on the premises of the party so failing to pay, for the amount of such defaulting party?s share of the repalr or replacement cost, lnterest accruing at the rate of 782 pet annum, costs and attorneyts fees. 8. Drilling Through Party Wa11: ELther party sha11 have the right to break through the party wa11 for the purpose of repairing or restorlng sewerage, rdater, utilities, subject to the oblLgati.on to restore said wall to its previous structural condition at his oun expense and the payment to the adjoining owner of any damages negllgently or wil1fu11y caused thereby. 9. Exterior Decoratlon or Structures: No ovmer shall make or suffer any structural or design changes (including color changes) of any type or nature whatsoever to the exterior or any improvement on the property wlthout obtaining the prlor written consent of the other ovmer, which consent sha1l not be unreasonably wtthheld or delayed, No exterior structures or entrances, in addition to those placed thereon according to the architectural plans on which the building are constructed shall be added to elther dwelling unit wlthout the consent of all the owners, whlch consent shall not be unreasonably withheld or delayed. Should elther owner fail or refuse to pay hls proportionate share of the cost of any decoratlon or structural change, the other owner sha11 be entitled to have a mechanLcts lien on the premises of the or^rner so faill-ng to pay, for the amount of such defaulting ownerts share of the cost, interest accruing at the rate of 18% per annum, costs and attorneyts fees. 10. Destructi-on of Dwelline Unit: In the event of a destruction of Units C and/or D, or any portion thereof, the dwelling or dwellings so destroyed shal1 be rest.ored at the joint and proportlonal expense (as determined in Paragraph 6) of the owners, accordLng to a unLforn archltectural plan and finl-sh consistent wi-th the origl-nal plan and flnish; if any dwelling is but partially destroyed so that the cost of restoring it is not equal to the cost of restoring the adj oining unit, then the or^rners sha1l pay the restoratlon between the owners. If the owner of such damaged lmprovements does not conmence repair or reconstruction within 30 days from the date such damage occurs, the owner may do sol provided however, that such repair or reconstruction shall not be undertaken without prior notice to any holder of a First Mortgage who may, by reasonable notice, refuse to consent to such repair or replacement. Should any owner fail or refuse to pay his share or proportj-onate share of the costs of repair or replacement, the other owner may make payment and shall be entitled to have a mechanicts lien on the premises of the party so failing to pay, for the amount of such defaultl-ng partyrs share of the repair or replacement cost, interest accrulng at a rate of L8% per annum, costs and attorneyrs fees. 11. Insurance: Each owner shall obtain and maintaln at all times Lnsurance agalnst loss or damage by flre and such other hazards as are generally covered in the area including lenders standard extended coverages provisions, including but not limited to vandalism and malicious mischief, for at least the full insurable replacement cost of the improvements on the subject property owned thereby. No such pollcy shall provlde for the potential of any co-l-nsurance penalty. Each such owner shall obtaln and maintain at all times general public ltabil1ty lnsurance and property damage lnsurance against claims for bodlly lnjury or death or property damage occurring upon their respectlve lots and unlts, ln limits of not less than $3001000 in respect of bodily lnj ury or death to any number of persons ari-slng out of one accj-dent or disaster, or for damage to property. Proof of such insurance sha1l be supplled by each ovrner upolr the reasonable requesE of the other o$rner. The fire and extended insurance shall provide that lt may not be cancelled for any cause untj-l 10 day written notlce is sent to boch owners. Each owner may, at any time one year or longer after the most recent appralsal, demand of the other owner an appral-sal of the lmprovements for insurance purposes. The parties sha1l share the costs thereof equally. Nothing provlded hereln shall prevent the or.Tners fron jolntly acquiring a single policy to cover any one or more of the hazards requlred in this paragraph to the extent such is practlcal and does not otherwise diminish the lflsurance responsibilities set out herein. 12. Ut.ilities: A mutual easement for the location, installation, maintenance, repalr and removal of ut1llty facillties (includlng but not l1mlted .to systems, lines, pipes, tanks, metering and dlstribution devices for gas, r{ater, sewer, electricity, telephone, and televlsJ.on purposes) ls hereby granted, together with the rlght of ingress and egress therefore, on, above, over and through the subject property and the lmprovements constructed thereon, subject to the obligatlon to restore as nearly as possl"ble said subject property and improvements. A11 malntenance and repalr with respect to comon utilitles shal1 be accomplished at the jolnt expense of both owners as defl-ned in Paragraph 6. 13. Covenants Running with the L : The easements and restrlctions hereby.r"at"d@1jndconstruedascovenantsrunning with the land and each and every person acceptlng a Deed or any ownershlp interest or any lnterest in any portion of the subject property shal-l be deemed to have accepted the same wlth the understandLng that he ls bound thereby and that each and every other purchaser is also bound thereby, and that he is entltled to the benefit hereof, all to the same exteot as though such person has sl-gned thls Lnstrument. The underslgned, in executing and dellverlng Deeds to the descrlbed premlses may provide, by reference Ln said conveyances, that the same are subject to terms, condltions, reservations, restrictions, and covenants herein contalned, and nay designate the Book and Page of the Record ln whlch thls lnstrunent ls recorded. J-4. Non Partition: The components of the separate estates descrlbed in Paragraph 2 herefn shal1 be deemed inseparable I-n perpetulty and not subject to partitlon without the unaninous consent of the owners and the holders of all Mortgages and Deeds of Trust encumberlng the property or portlon thereof. 15. Amendments: These easements and restrlctions may be amended or revoked only by an lns trument in \.rriting duly executed and acknowledged by all owners of the subject property and all holders of recorded First Mortgages or Flrst Deeds of Trust thereon, and upon the recording of said anending instrument. 16. Severabllity: If any provision of the Declaration or any section, sentence, clause, phrase or word, or the application thereof in any circumstance, is held 1nvalid, the valldity of the remalnder of this instrument and the appllcation of any provislon, sectl-on, clause, phrase or word ln any other clrcumstance shall not be affected thereby. 17. General: (a) Any llen fl1ed by an olqne r pursuant to this Declaration sha1l be subordinate to the l1en of any First Mortgage or First Deed of Trust on the unlt. (b) Should elther party be requlred to take actlon to enforce, by 1ega1 proceedlngs or otherwise, any condition, restrictlon, covenant or other right or obli.gation imposed pursuant to this Declaration, the prevaillng party sha11 be entitled to recover lts costs and reasonable attorneyrs fees. (c) Each owner sha11 register its urailing address wlth the other or^rner and all notlces or demands intended to be served upon owners, sha11 be sent by Registered or CertifLed Mai1, postage prepal-d, addressed ln the name of the owner at such registered maillng address. In the alternative, notices may be delivered, if ln writing, personally to owners. (d) Prospectlve purchasers of units shal1 be entitled to deternine if a selling owner ls ln default with respect to any maLntenance obllgation or other obllgation under these covenants by delivering a written inquiry with respect thereto to the owner of the other unlt. If no response ls recel-ved to such lnquiry within 30 days of the date said notlce is received, the non-sellLng owner shall be deemed to have waived any c1-aLm or llen or clairn for damage. The existence of a recorded notl-ce of llen, however, shall constitute notLce to a prospectLve purchaser of a clal-m by an owner of the other unlt, and shal1 not be affected by the foregoing request for information. (e) If any encroachments by the improvement.s now located on the subject property, or any minor encroachment derlvlng from replacement or repair thereof, exlsts upon any 1ot, a valid easement therefore and for maintenance thereof shal1 exlst. IN WITNESS WHERF/QV, tle unclers lgned has executed this lnstrument )1"" day of ,,/ ,/,*,4- , 1985. corJrql'Y oe €2 Paao day of Wltness my hand My commisslon explres:t.'cn|hf$|ttnlr.!p ) ) ) / tot r7,A2,ncr=\ uTL4 department of community development u April 6, 1981 box 100 vail, colorado 81657 (3031 476-s613 Gary Cooper 910 Carr Street Lakewood, Colorado 80215 Dear Mr. Cooper: At the April lst neeting of the DRB, received approval to apply clear oil CWF to your red cedar siding. Re: Lots 20-1,20-II Bighorn \- the above project preservative cal led ) PETER JA},IAR Tom Planner PJ:bpr box l(X) rail, colorado 81657 (3{r3) 47G5613 department of community development February 4, 1981 your 4284-8, Thank you. Patrick Canpbell Tectonics Projects, Inc. 524 South Cascade - Sutie #5 Colorado Springs, Colorado 80905 Dear l,tr. Carnpbell, This letter is to inforn you that the official address for 4 units on lot 20-1, Bighorn Subdivision, shall be 4284-L, 4284-C, and 4284-D, Colu6ine Drive. If you have any question, please feel free to contact ne. PETER JAMAR Town Planner PJ:br cc: Police and Fire Dept.