HomeMy WebLinkAbout880952.tiff RESOLUTION
RE: APPROVE CERTAIN DOCUMENTS CONCERNING THE MARLBOROUGH ANNEX
CONDOMINIUM AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board has been presented with certain documents
concerning the Marlborough Annex Condominiums, located on parts of
Lot 17 , Block 64 , City of Greeley, and
WHEREAS, the terms and conditions are as stated in said
documents, a copy of each being attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said documents.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the documents
concerning the Marlborough Annex Condominiums be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said documents.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
September, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD UNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board ene kantner, Chairman
/774/4--7
BY: r791--i7trcJi i a-, C.W. Kirby, Pro Tem
Deputy County Oaerk
APPROVED AS TO FORM: Jcgu e to nson
EXCUSED i
Gordon E. Lacy County Attorney EXCUSED
Frank Yamaguchi
:/ 880952
ARd.1594&7 — Recorder
o'clock M.,
WARRANTY DEED
JOHN A. DUFFEY
Grantor(s)
whose address is P.O. Drawer "P"
Fort Collins
*County of Larimer , State of
Colorado , for the consideration of
Forty Thousand and No/100s*******************
************************ dollars, in hand paid, hereby sell(s)
and convey(s) to WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF
THE STATE OF COLORADO
whose legal address is 91 5 Tenth Street
Greeley County of Weld , and State of Colorado
the following real property in the County of Weld and State of
Colorado, to wit:
Unit No. 2 of the Marlborough Annex Condominium, being a part of
Lot Seventeen ( 17 ) , Block Sixty-four ( 64 ) , City of Greeley, Weld
County, Colorado, according to the Condominium Map thereof , now
of record.
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F 1787 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
also known by street and number as 922 Ninth Avenue, Greeley, Colorado 80631
with all its appurtenances, and warrant(s) the title to the same, subject to the declaration of
covenant
s , conditions and restrictions of Marlborough Annex
Condominium, other easements and restrictions of record and
taxes for 1988 payable in 1989 .
Signed this Igo, day of October (, 19 88
_,,rHN A. DUFFEY
STATE OF COLORADO,
ss.
County of
The foregoing instrument was acknowledged before me this IQQQ day of October , 19 88
by John A. Duffey. ,
My com 8?6iitxpires/O . Witness my hand and official seal.
rTh
N 0 t a
Notary Public
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*:P (r0 f1C .
*If in paver,ipsert"City and."
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No-897.Rev.12-85. WARRANTY DEED(Short Form) Bradford Publishing,5825 W.6th Ave_,Lakewood,CO 80214-(303)233 6900 12 85
5.3O352
AR21.58586
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF MARLBOROUGH ANNEX CONDOMINIUMS AND AGREEMENT OF PARTIES
Establishing a Plan for Condominium Ownership of the Premises
Known as 942 Ninth Avenue , Greeley, Weld County, Colorado, Under
the Name "The Marlborough Annex Condominium. "
The Board of County Commissioners of the County of Weld,
State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 as
potential purchasers of a unit in the described project
(hereinafter "County") and John A. Duffey, 208 Racquet Drive, Fort
Collins, Colorado 80524 , as current owner of the subject property
(hereinafter "Duffey") (both parties herein referred to as
"Declarants") do hereby declare as follows:
1 . All terms used in this declaration shall be defined in
accordance with the following unless the context requires
otherwise. All such terms used in this Declaration that are
defined shall have the meanings ascribed to them in this
Declaration, unless the context in which the same are used shall
otherwise require. Each of the terms shall be applicable to
singular and to plural nouns, as well as to verbs of any tense.
a. "Building" means the building containing
Condominium Units as shown on the Map.
b. "Common Elements" means and includes all of the
land described above and all the improvements now or
hereafter constructed thereon, excluding the Units. The
Common Elements shall consist of the General Common
Elements and Limited Common Elements. The Common
Elements shall be owned, as tenants in common, by the
Owners of the separate Units, each Owner of a Unit
having an undivided interest in such Common Elements as
is hereinafter provided.
(1) "General Common Elements" means and includes
the real property described on Exhibit "A" ; the
structural components of the Building, including
but not limited to the foundations, girders, beams,
supports, roofs, and main walls; installations of
central services such as power, light, gas, and hot
and cold water which serve more than one Unit; such
improvements and portions of the Building and areas
therein as are provided for the community use,
recreation, utility, and common use of all Owners;
and all other parts of such real property and the
improvements thereon necessary or convenient to its
existence, maintenance, and safety which are
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normally and reasonably in general common use,
including the air above such real property. The
General Common Elements shall include all tangible
physical property of this Project except Limited
Common Elements and the Units.
(2) "Limited Common Elements" means those parts of
the Common Elements which are either limited to and
reserved for the exclusive use of an Owner of a
Condominium Unit or are limited to an reserved for
the common use of more than one but fewer than all
of the Condominium Unit Owners.
c. "Condominium Unit" means the fee simple interest
and title in and to a Unit, together with the undivided
interest in the Common Elements appurtenant to such
Unit, and all other rights and burdens created by this
Declaration.
d. "Declaration" means this Declaration and amendments
and supplements thereto, if any.
e. "Guest" means any agent, employee, tenant, guest,
licensee, or invitee of an Owner.
f. "Map" , "Condominium Map" , or "Supplemental Map"
means and includes the engineering survey of the land
depicting and locating thereon all of the improvements;
the floor and elevation plans, and any other drawing or
diagrammatic plan depicting a part or all of the
improvements and land which are included in this
Condominium Project.
g. "Mortgage" as used herein shall mean any mortgage,
deed of trust, or other document hypothecating a
Condominium Unit as security for the payment of a debt
or obligation.
h. "Mortgagee" shall mean any person, corporation,
partnership, trust, company, association, or other legal
entity which takes, owns, holds, or receives a Mortgage
or the beneficial use thereof.
i. "Owner" means a person, persons, firm, corporation,
municipal corporation, partnership, association, or
other legal entity, or any combination thereof, which
owns an interest in one or more Condominium Units, but
excluding, however, any such person having an interest
therein merely as a Mortgagee (unless such Mortgagee has
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E.36952
acquired fee simple title to a Condominium Unit pursuant
to foreclosure or any proceedings in lieu thereof) .
j . "Person" means individual, corporation,
partnership, combination, municipal corporation,
association, trustee, or any other legal entity.
k. "Project" or "Condominium Project" means all of the
real property and improvements submitted by this
Declaration.
1. "Unit" means an individual air space unit contained
within the perimeter walls, floors, ceilings , windows,
and doors of a Unit, or other boundary lines shown on
the Condominium Map, in the building situated on real
property as shown and described on the Condominium Map
recorded in the real estate records of Weld County,
Colorado, together with (1) all fixtures and
improvements therein; (2) the inner decorated or
finished surfaces of such Unit' s perimeter walls,
floors , and ceilings; and (3) the interior
non-supporting walls within the Unit. The term does not
include, however, the undecorated or unfinished surfaces
of the perimeter walls, floors or ceilings of a Unit,
any utility facilities running through the Unit that
serve more than one Unit or any other Common Element or
part thereof located within the Unit.
2 . Name. The condominium project shall be known as "The
Marlborough Annex Condominiums. "
3 . The Land. The land, which is located in the City of
Greeley, County of Weld, State of Colorado, and is more
particularly described as that Part of Lot 17 , Block 64 , City of
Greeley, Weld County, Colorado, lying South of the Centerline of a
common wall as described in Book 258 , under page 426 thru 431 of
the records of the Weld County Clerk and Recorder attached hereto,
is owned by Duffey in fee simple absolute and has an area of
approximately 7000 square feet.
4 . The Building. The building consists of one brick
building with two stories plus a basement and will contain two
Condominium Units.
5 . Description of Unit.
a. Every contract for the sale of a Unit written prior
to the filing for record of the Map in this Declaration
may legally describe a Unit by its identifying Unit
Number designation followed by the words "Marlborough
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Annex Condominium" , with further reference to the Map
thereof to be filed for record in this Declaration to be
recorded. Upon recordation of the Map and this
Declaration in the Office of the Clerk and Recorder of
the County of Weld, Colorado, such description shall be
conclusively presumed to relate to the therein described
Unit.
b. Every deed, lease, mortgage, will, or other
instrument shall legally describe a Unit by its
identifying Unit Number together with a reference to the
Map and this Declaration, in the following form:
Unit
Marlborough Annex Condominiums , as shown and described
on the Map thereof filed for record in accordance and
subject to the Declaration of Marlborough Annex
Condominiums, recorded in Book , at
Page of the records of the Office of the Clerk and
Recorder of the County of Weld, State of Colorado.
Every such description shall be good and sufficient for
all purposes to sell, convey, transfer, encumber, or
otherwise affect only the Unit, but also the General
Common Elements and the right to the use of Limited
Common Elements appurtenant to such Unit subject to the
easements, obligations , limitations, rights,
encumbrances, covenants, conditions and restrictions
created in this Declaration, each such description shall
be construed to include; a non-exclusive easement for
ingress and egress throughout, and for the use of the
General Common Elements which are not Limited Common
Elements; and the right to the appropriate and exclusive
use of the appurtenant Limited Common Elements.
c. The reference to the Map and Declaration in any
instrument shall be deemed to include any and all
supplements or amendments to the Map and Declaration,
without specific reference therein.
6. Various Rights and Easements.
a. Owner' s Easement for Access, Support, and
Utilities. Each Owner shall have a non-exclusive
easement across the General Common Elements for access
between his Unit and the public roads, sidewalks, and
streets adjacent to the Project. In addition, each
Owner shall have a non-exclusive easement in and over
the General Common Elements including the General Common
Elements within the Unit of another Owner for horizontal
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3352
and lateral support of the Unit and for such utility
services as may be available to that Unit including
water, gas, sewer, electricity, heat, cooling units,
telephone, and television service.
b. Easements for Encroachments . If any part of the
General Common Elements encroaches or shall hereafter
encroach upon a Unit, the Owners shall have mutual
easements for such encroachment and for the maintenance
of those General Common Elements. If any part of a Unit
encroaches or shall hereafter encroach upon the General
Common Elements, or upon another Unit, the Owner of the
encroaching Unit shall and does have an easement for
such encroachment and for the maintenance of same. Such
encroachment shall not be considered to be encumbrances
either on the General Common Element or on a Unit.
Encroachments referred to herein include, but are not
limited to, encroachments caused by error in the
original construction of the building, by error in the
Map, by settling, rising, or shifting of the earth, or
by changes in position caused by authorized repair,
reconstruction, or movement of the Project or any part
thereof.
c. Easements Deemed Appurtenant. The easements, uses,
and rights herein created for an Owner shall be
appurtenant to the Unit of that Owner and all
conveyances and encumbrances of a Unit and other
instruments affecting title to the Unit shall be deemed
to grant and reserve the easements, uses, and rights
provided for herein, even though no specific reference
to such easements, uses, and rights appears in any
conveyance, encumbrance, or other instrument.
7. Termination of Mechanic ' s Lien Rights and
Indemnification. No labor performed or materials furnished and
incorporated in a Unit with the consent or at the request of the
Owner, his agent, his contractor, shall be the basis for filing a
lien against the Condominium Unit of any other Owner not expressly
consenting to or requesting the same, or against the Common
Elements. Each Owner shall indemnify and hold harmless each of
the other Owners from and against all liability arising from the
claim of any lien against the Condominium Unit of any other Owner
or against the Common Elements for construction performed or for
labor, materials , services, or other products incorporated in the
Owner' s Unit at such Owner' s request.
8 . Owners' Maintenance Responsibility. For purposes of
maintenance, repair, alteration, and remodeling, Owner of each
Unit shall be deemed to own the interior non-supporting walls, the
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materials (such as, but not limited to, plaster, drywall,
paneling, wallpaper, paint, wall and floor tile, and flooring, but
not including the sub-flooring) making up the finished surfaces of
the perimeter walls, ceilings and floors within the Unit and the
Unit' s doors and windows. The Owner shall not be deemed to own
lines, pipes, wires, conduits, or other system running through his
Unit which serves the other Unit except as a tenant in common with
the other Owner. Such right to maintain, repair, alter, and
remodel shall carry the obligation to replace any finishing or
other materials removed with similar or other types or kinds of
materials. An Owner shall maintain and keep in good repair and in
a safe, clean, attractive, and sightly condition the interior of
his or her own Unit, including the fixtures, doors, and windows
thereof, and the improvements affixed thereto, and such other
items and areas as may be required in this Declaration and the
rules and regulations adopted jointly by the Owners. All fixtures
and equipment installed within the Unit commencing at a point
where the utilities enter the Unit shall be maintained and kept in
repair by the Owner thereof. All utilities and equipment serving
only one Unit shall be maintained and repaired by the Owner of
that Unit.
9 . Maintenance and Service Area Responsibility in Specified
General and Limited Common Areas.
a. Responsibility for maintenance, repair and
replacement of the facilities and performance of the
services specified in this Section, and, to the extent
that insurance does not cover the condition, assessment
of the costs and expenses thereof shall be allocated on
an equal basis per Unit as herein provided:
(1) Each Owner shall be responsible for cleaning
and maintaining the portions of the General Common
area consisting of the exterior walls adjacent to
his Unit. The Owner of Unit 2 shall be responsible
for cleaining and maintaining the General Common
Element consisting of 52 .3 square feet on the east
side of Unit 2 on the second floor. Owner of Unit
1 shall be responsible for cleaning and maintaining
the General Common area in the basement consisting
of 247.8 square feet and denoted as "Mechanical
Room. " Each owner shall be responsible for an
equal share of the expenses in maintaining the
remaining General Common Areas. The nature and
frequency of the maintenance of the remaining
common areas shall be as mutually agreed upon by
the owners. Should maintenance be required to
prevent a substantial deterioration in the property
and there is not agreement between the Owners, the
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non-defaulting Owner may provide such additional
maintenance and obtain contribution from the other
Owner, pursuant to Section (9) (c) herein.
(2) Damage to General Common Area. In the event
of damage or destruction of said General Common
Elements from any cause, other than the negligence
of either Owner the then Owners shall, at joint
expense, repair or rebuild said Element, and each
party, his successors and assigns, shall have the
right to the full use of said General Common
Elements so repaired or rebuilt. If either party' s
negligence shall cause damage to or destruction of
said Element, such negligent party shall bear the
entire cost of repair or reconstruction. If either
party shall neglect or refuse to pay his share, or
all of such cost in case of negligence, the other
party may have such Element repaired or restored
and shall be entitled to have a mechanic 's lien on
the premises of the party so failing to pay, for
the amount of such defaulting party' s share of the
repair or replacement cost.
(3) Limited Common Elements . The Owner or Owners
having access to any Limited Common Element shall
be responsible for performing and paying for the
work.
b. The provisions of Subsection (a) above are subject
to the provisions of Section 19 of this Declaration, and
if any portion of necessary repair or replacement work
is covered by insurance, all of the repair and
replacement work shall be performed as set forth in said
Section 19.
c. Any default or delinquency in the performance by an
Owner of his obligations established by Section 19 or
this section may be remedied by the other Owner, and the
costs and expenses thereof assessed against such
defaulting Owner as provided in Sections 20 and 23.
10 . Alterations to Common Elements.
a. Except as may be permitted pursuant to
Subsection b. of this Section or required by Section 19
of this Declaration, no Owner shall materially alter the
appearance of or modify any of the Common Elements,
General or Limited, without first securing the written
consent of the other Owner.
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b. If the Owners adopt and maintain in effect a Master
Plan for the appearance of the exterior walls of the
Building, no Owner shall order or perform any
maintenance, repair, alteration, or reconstruction upon
any part of such walls covered by such plan without
first submitting to the other Owner sufficiently
detailed plans for the work to enable the other Owner to
determine whether the same conforms to the Master plan.
No such work shall be permitted without approval by the
other Owner that it conforms to the Master Plan, but
such a finding will be conclusively presumed if the
other Owner fails to act on any request within thirty
(30) days of the submission thereof.
11 . Inseparability of a Unit. An Owner' s undivided interest
in the General Common Elements shall not be separated from the
Unit to which it is appurtenant and such interest shall be deemed
to be conveyed or encumbered with the Unit even though the
interest is not expressly mentioned or described in the deed,
mortgage, or other instrument.
12. Restrictive Covenants and Obligations.
a. No Imperiling of Insurance. No Owner shall carry
or allow any activity within his Unit or the common
areas which will cause cancellation of the insurance
required under Section 17.
b. No Violation of Law. No Owner or occupant shall do
anything or keep anything in or on the Project which
would be immoral, improper, offensive, or in violation
of any statute, rule, ordinance, regulation, permit, or
other validly imposed requirements of any governmental
body.
c. No Noxious, Offensive, Hazardous, or Annoying
Activities. No noxious or offensive activity shall be
carried on upon any part of the Project nor shall
anything be done or placed on or any part of the Project
which is or may become a nuisance or cause
embarrassment, disturbance, or annoyance to others. No
activity shall be conducted on any part of the Project
and no improvements shall be made or constructed on any
part of the Project which are or might be unsafe or
hazardous to any person or property. No sound shall be
emitted on any part of the Project which is unreasonably
loud or annoying. No odor shall be emitted on any part
of the Project which is noxious or offensive to others.
No light shall be emitted from any part of the Project
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880952
which is unreasonably bright or causes unreasonable
glare.
d. No Unsightliness. No unsightliness shall be
permitted on or in any part of the Project.
e. Restriction on Animals. No animals, livestock,
reptiles, or birds shall be kept on any part of the
Project, except that domesticated dogs, cats, or birds
may be kept by an Owner in his or her Unit, subject to
all animal ordinances and rules and regulations
promulgated in regard thereto and provided that they are
not kept for any commercial purposes. An Owner is
responsible for any damage caused by such animal (s) . No
animal shall be allowed to remain tied or chained to any
part of a Unit and any such animal so tied or chained
would be forthwith removed without notice.
f. Restrictions on Signs. No signs or advertising
devices of any nature shall be erected or maintained on
any part of the project without the prior written
agreement of the Owners.
g. Owner-Caused Damages. If, because of the act or
neglect of an Owner or such Owner' s tenants, guests,
invitees, and/or licensees, loss or damage shall be
caused to any person or property, including, but not
limited to, the Project or any Unit therein, such Owner
shall be liable and responsible for the same.
h. Both Units shall be used only for commercial and
business purposes and may not be used for a residence
either on a permanent or transient basis.
(1) The Owner of a Condominium shall have the
right to lease his Condominium Unit under the
following conditions:
(a) No Owner may lease less than his entire
Condominium Unit;
(b) All leases shall be in writing;
(c) All leases shall provided that the terms
of the lease and lessee ' s occupancy of
Condominium Unit shall be subject in all
respects to the provisions of this Declaration
and to the failure by the lessee to comply
therewith shall be a default under the lease.
Any Owner who leases his Unit shall forward a
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880952
copy of the lease to the other Owner within
ten (10) days after the execution thereof.
(d) Except for a First Mortgagee in
possession of a Condominium Unit following the
default under its Mortgage or in connection
with foreclosure proceedings , or any deed or
other arrangement in lieu of foreclosure
proceedings by such First Mortgage, no Owner
may lease his Condominium Unit for transient
or hotel purposes.
13 . Condemnation.
a. Consequences of Condemnation. If at any time or
times during the continuance of condominium ownership
pursuant to this Declaration, all of any part of the
Project shall be taken or condemned by any public
authority (which shall include a sale or other
disposition under threat of condemnation and in lieu of
or in advance thereof) . The provisions of this
paragraph shall apply and the Owner shall notify each
Mortgagee affected by said condemnation.
b. Complete Taking. In the event that the entire
project is taken or condemned, condominium ownership
pursuant to this Declaration shall terminate . The
condemnation award shall be apportioned among the Owners
in proportion to their respective undivided interest in
the General Common Elements, provided that if a standard
other than the value of the Project as a whole is
employed to measure the condemnation award and
negotiation, judicial decree, or otherwise, then in
determining such share, the same standard shall be
employed to the extent it is relevant and applicable.
Such share shall be paid into separate accounts and
disbursed as soon as practicable.
c. Partial Taking. In the event that less than the
entire Project is taken or condemned, condominium
ownership hereunder shall not terminate. Each Owner
shall be entitled to a share of the condemnation award
to be determined in the following manner:
(1) The amounts of compensation, damages, or other
proceeds allocated to the injury to the General
Common Elements shall be apportioned among Owners
in proportion to the respective undivided interests
in the General Common Elements,
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(2) The total amount allocated to severance
damages shall be apportioned to that Unit which has
not been taken or condemned,
(3) The respective amounts allocated to the taking
or injury to a particular Unit and/or improvements
an Owner had made within his Unit shall be
apportioned to the particular Unit involved, and
(4) The amount allocated to consequential damages
and any other takings or injuries shall be
apportioned in accordance with the allocation
established by negotiation, judicial decree, or
otherwise, or shall be established by the Owners on
the basis as equitable and the circumstances.
Distribution of apportioned proceeds shall be made
by checks made payable jointly to the respective
Owners and to their respective mortgagees, if any.
14 . Compliance With Provisions of Declaration. Each Owner
shall comply strictly and shall cause each of his tenants,
invitees, and/or licensees to comply strictly with all of the
provisions of this Declaration as the same may be lawfully amended
from time to time. Failure to comply with any of the same shall
be grounds for an action to recover sums due and for damages or
injunctive relief for both, along with costs of suit and
reasonable attorney' s fees. Any such action may be filed and
maintained by the aggrieved Owner.
15 . Map. There shall be filed for record in the Office of
the Clerk and Recorder, Weld County, Colorado, a Map, hereinafter
referred to as "Map, " which Map may be filed in whole or in part
and if filed in part, shall be supplemented, and which shall be
depicted;
a. The legal description of the surface of the
property;
b. The linear measurements and location with reference
to the exterior boundaries of said property, of the
buildings and all improvements built on the property;
c. Floor plans and elevation plans of the building
showing the location, the designation, and the linear
dimensions of each Unit, and of all of the Limited
Common Elements; and
d. The elevations of the unfinished interior surfaces
of the floors and ceilings as established from a datum
plane and the linear measurements showing the thickness
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880952
of the common walls of the building. The Map, and any
supplements thereto, shall contain a statement of a land
surveyor registered in the State of Colorado certifying
that the Map fully and accurately depicts the layout,
measurements, and location of all of the improvements,
the Unit designations, the dimensions of such Unit, and
the elevations of the floors and ceilings.
16 . Amendment and Termination.
a. Except as is otherwise provided herein, this
Declaration shall not be amended, revoked or terminated
unless all the Owners and all First Mortgagees consent
and agree to such amendment, revocation or termination
and evidence that consent by an instrument signed and
acknowledged by all of them which is duly recorded in
the Weld County Clerk and Recorder.
17. Insurance.
a. Each Owner shall obtain and maintain at all times,
to the extent obtainable, policies involving standard
premium rates established by the Colorado Insurance
Commissioner, and written with companies licensed to
business in Colorado covering the risks set forth below
or, in the case of a quasi-municipal Owner, may obtain
"pooled" insurance coverage, approved by the Colorado
Insurance Commissioner, or "self-insurance" so long as
the same is authorized by the Colorado Governmental
Immunity Act. The types of coverage to be obtained and
risks to be covered by both Owners for their units and
for the common areas are as follows:
(1) Fire insurance with extended coverage and
standard all risk endorsements , which endorsements
shall include endorsements for vandalism and
malicious mischief. Said casualty insurance shall
insure the entire project and any property, the
nature of which is a common element, including all
of the elements, but not including furnishings,
equipment, supplies , inventory, or other personal
property supplied by or installed by unit owners,
together with all service equipment contained
therein in an amount equal to the full replacement
value, without deduction for depreciation. All
policies shall contain a standard non-contributory
mortgage clause in favor of each mortgagee of a
condominium unit, which shall provide that the
loss , if any, shall be payable to the Weld County
Board of County Commissioners for the use and
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F 1600 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 12 of 20 Pages 880952
benefit of the Owners as their interests may
appear.
(2) Public liability and property damage insurance
in such limits as the parties may mutually agree,
but not in an amount less than $500 ,000 .00 per
injury, per person, per occurrence, an umbrella
liability of $500 ,000.00 per occurrence, covering
claims of bodily injury or property damage.
Coverage shall include, without limitation,
liability for personal injuries , activities in
connection with the ownership, operation,
maintenance, and other use of the project.
(3) Workmen' s compensation and employer' s
liability insurance and all other similar insurance
with respect to the employees, if any, of the
Owners in the amounts and in the forms now or
hereafter required by law.
b. To the extent such coverage may be obtainable, all
policies of insurance shall contain waivers of
subrogation, and waivers of any defense based on
invalidity arising from any acts of an Owner and shall
provide that such policies may not be cancelled or
modified without at least ten (10) days ' prior written
notice to all of the insureds, including mortgagees.
The insurance shall be carried in blanket form naming
the Weld County Board of County Commissioners as the
insured, as attorney-in-fact for all of the Owners,
which policy or policies shall identify the interest of
each Owner (Owner' s name and Unit designation) and first
mortgagee.
c. Policies shall provide that they may not be
cancelled or substantially modified, including
cancellation for non-payment of premiums, without at
least ten (10) days' written notice to the first
mortgagee of the Unit and to the other Owners. The
other Owner may remedy an Owner' s performance of this
covenant and assess that Owner for the cost of such
premiums or such insurance coverage under Section 23
herein.
d. Insurance coverage on the contents in each Unit,
including furnishings, fixtures, equipment, supplies,
inventory, appliances, carpet, draperies, wall paper,
and other items of personal or other property belonging
to an Owner, shall be the sole and direct responsibility
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F 1601 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 13 of 20 Pages 880952
of the Owner thereof, and the other Owner shall have not
responsibility therefor.
18 . Encumbrances - Priority. The Owner of a condominium
unit may create a junior mortgage, liens, or encumbrances on his
condominium unit; provided, however, that any junior mortgage,
lien, or encumbrance shall always be subordinate to the prior and
paramount lien of the other Owner for compliance with all of the
terms, conditions , covenants, restrictions, uses, limitations, and
obligations under this declaration and provided further that any
junior encumbrancer shall release, for purposes of restoration of
any improvements within the project, all of his right, title, and
interest in and to the proceeds under all insurance policies
purchased by the Owners.
19. Destruction, Damage, or Obsolescence and Appointment of
the Weld County Board of County Commissioners as Attorney-in-Fact.
This declaration does hereby make mandatory the irrevocable
appointment of an attorney-in-fact to deal with the project in the
event of its destruction, damage, obsolescence, or condemnation,
including the repair, replacement, and improvements of any Units,
the building, common elements, or other portion of the project
which has been destroyed, damaged, condemned, or becomes obsolete.
Title to any Unit is declared and expressly made subject to the
terms and conditions hereof, and acceptances by any grantee of a
deed or other instrument of conveyance from the declarant or from
any Owner or grantor shall constitute appointment of the
attorney-in-fact herein provided. All the Owners irrevocably
constitute and appoint the Weld County Board of County
Commissioners as a true and lawful attorney-in-fact and agent for
the purpose of dealing with the project upon its damage,
destruction, obsolescence, or condemnation as is hereafter
provided. As attorney-in-fact, the Board of County Commissioners,
by its Chairman or other duly authorized officers and agents,
shall have full and complete authorization, right, and power to
make, execute, and deliver any contract, deed, or other instrument
with respect to the interest of an Owner which may be necessary
and appropriate to exercise the powers herein granted. Repair and
reconstruction of the improvements as used in this section means
restoring the improvements to substantially the same condition in
which they existed prior to the damage with each Unit and the
general limited common elements having substantially the same
vertical and horizontal boundaries as before, and all improvements
being reconstructed or repaired in conformance with the project' s
original architectural plan and scheme or as the Owners of all
Units may agree. Proceeds of any insurance collected shall be
used for the purpose of repair, restoration, reconstruction or
replacement unless one hundred percent (100%) of the Owners agree
not to rebuild in accordance with the provisions hereinafter set
forth.
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F 1602 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 14 of 20 Pages 890952
a. In the event of damage or destruction of the
buildings to the extent of not more than sixty-six and
two-thirds percent (66 2/3% ) of the total replacement
cost thereof, not including land, due to fire or other
disaster, the insurance proceeds is sufficient to
reconstruct the improvements shall be applied by the
Board, as attorney-in-fact, to such reconstruction, and
the improvements shall be promptly repaired and
reconstructed . The Board shall have full authority,
right, and power, as attorney-in-fact, to cause the
repair and restoration of the improvements.
b. If the insurance proceeds are insufficient to
repair and reconstruct the improvements and the damage
is sixty-six and two-thirds percent (66 2/3%) cr less of
the total replacement cost of the building, not
including land, such damage or destruction shall be
promptly repaired and reconstructed by the Board, as
attorney-in-fact, using the proceeds of the insurance
and the proceeds of a special non-recurring expense
assessment to be made against the Owners of the Units
affected by the damage. This assessment shall be made
against such Owners as their responsibility for repair
and replacement is established by the provisions of
subsection 9 .a. (2) of this Declaration and shall be due
and payable within thirty (30) days ' written notice
thereof. The Board shall have fully authority, right,
and power, as attorney-in-fact, to cause repair and
reconstruction of any of the improvements using all of
the insurance proceeds in such assessment. In addition
to all other rights and remedies provided for the
collection of assessments , the Board, as
attorney-in-fact, shall have the absolute right and
power to sell the Unit of any Owner refusing or failing
to pay the deficiency assessment within the time
provided, and if not so paid, the Board shall cause to
be recorded a notice that the Unit of the delinquent
Owner shall be sold by the Board by attorney-in-fact.
The proceeds derived from the sale of such Unit shall be
used and disbursed by the Board, as attorney-in-fact, in
the following order:
(1) For payment of the balance of the lien of any
first mortgage.
(2) For payment of taxes and special assessment
liens in favor of any assessing entity.
(3) For payment of unpaid assessments of any and
all kinds made in furtherance of these covenants.
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F 1603 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 15 of 20 Pages
ss0952
(4) For payment of junior mortgages and
encumbrances in the order of and to the extent of
their priority.
(5) The balance remaining, if any, shall be paid
to the Unit Owner.
c. If the insurance proceeds are insufficient to
repair and reconstruction the improvements, and the
damage is more than sixty-six and two-thirds percent (66
2/3%) of the total replacement cost of the building, not
including land, such damage or destruction shall be
promptly repaired and reconstructed by the Board, as
attorney-in-fact, using the proceeds of insurance the
proceeds of a Special Non-Recurring Expense Assessment
to be made against the Owners of Units affected by the
damage, as provided in subsection b. above; provided,
however, that one hundred percent (100%) of the Owners
may agree not to repair or reconstruct the improvements;
and in such event, the Board shall forthwith record a
notice setting forth such fact or facts, and upon the
recording of such notice, the entire project shall be
sold by the Board pursuant to the provisions of this
subsection, as attorney-in-fact, for all of the Owners,
free and clear of the provisions contained in this
Declaration and the Map. Assessments for Common and
Regular Expenses shall not be abated during the period
prior to sale. The insurance settlement proceeds shall
be collected by the Board, such proceeds shall be
divided by the Board according to each Owner' s interest
in the Common Elements , and such divided proceeds shall
be paid into separate accounts, each such account
representing one of the Units . Each such account shall
be in the name of the Board, and shall be further
identified by the Unit designation and the name of the
Owner. From each separate account, the Board, as
attorney-in-fact, shall forfeit, use, and disburse the
total amount of each such account without contribution
from one account to another toward the partial or full
payment of the lien of any first mortgagee encumbering
the Unit represented by such separate account.
Thereafter each such account shall be supplemented by
the apportioned amount of the proceeds obtained from the
sale of the entire property. Such apportionment shall
be based upon each Condominium Unit Owner' s interest in
the Common Elements. The total funds of each account
shall be used and disbursed, without contribution from
one account to another, by the Board, as
attorney-in-fact, for the same purposes and in the same
order as provided in subsection b. of this section.
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F 1604 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 16 of 20 Pages 880952
d. The Owners representing an aggregate ownership
interest of one hundred percent (100%) of the Common
Elements may agree that some or all of the Units are
obsolete and adopt a plan for renewal and
reconstruction, which plan shall have the approval of
all first mortgagees of Units affected by the plan. If
a plan for renewal or reconstruction is adopted, notice
of such plan shall be recorded, and the expenses of
renewal and reconstruction shall be assessed to Owners
of affected Units only, as their responsibility for
repair and replacement is established by the provisions
of subsection 9 .a. of this Declaration.
e. The Owners representing an aggregate ownership
interest of one hundred percent (100%) of the General
Common Elements may agree that the Units are obsolete
and that written approval of all first mortgagees of
record is required at the time such plan is adopted. In
such instances, the Board shall forthwith record a
notice setting forth such fact or facts, and upon the
recording of such notice by the Chairman and Secretary,
the entire project shall be sold by the Board, as
attorney-in-fact, for all of the Owners, free and clear
of the provisions contained in this Declaration and the
Map. The sales proceeds shall be apportioned between
the Owners on the basis of each Owner' s percentage
interest in the General Common Elements, and such
apportioned proceeds shall be paid into separate
accounts, and each such account representing one (1)
Unit. Each such account shall be in the name of the
Board, and shall be further identified by the Unit
designation and the name of the Owner. From each
separate account, the Board, as attorney-in-fact, shall
use and disburse the total amount of each such account,
without contribution from one account to another, for
the same purposes and in the same order as is provided
in paragraphs b. (1) through (5) of this section.
20 . Owners' Obligation for Common Expenses. The common
expenses for each Unit shall also be a personal obligation and
individual debt of each Owner thereof at the time the expense is
incurred. Suit to recover a money judgment for unpaid common
expenses plus costs and suit and attorney' s fees shall be
maintainable without foreclosing or waiving the lien securing
same. No owner may exempt himself from common expenses by waiving
use or enjoyment of the Common Elements or abandonment of the
Unit.
21 . Separate Assessment and Taxation -- Notice to Assessor.
Declarants shall give written notice to the Assessor of Weld
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F 1605 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 17 of 20 Pages
880952
County, Colorado, of the creation of Condominium ownership on this
property, as is provided by law, so that each Unit and the
undivided interest in the Common Elements appurtenant thereto
shall be deemed a separate parcel of real estate for purposes of
assessment and taxation to the extent the Units are taxable or
liable for assessments.
22 . Utilities. The Units shall be served by separate
utilities with the Owner of each Unit to pay all utility costs for
each Unit. The Owner of Unit 1 shall pay any utility costs for
servicing the common areas in the basement or first floor and the
Owner of Unit 2 shall pay any utility costs associated with
servicing the 53 .2 square feet common area adjacent to Unit 2 .
23 . Lien for Expenses. In the event either Unit Owner fails
to pay his share of common expenses or assessments or perform its
obligations for maintenance or repair as required herein, the
non-defaulting party may proceed to cure the default by performing
or causing to be performed the necessary work or by paying the
defaulting party's share of the common expenses or assessments.
Except in the event of an emergency, the non-defaulting Owner
shall provide the Owner in default a five-day advance written
notice of its intent to cure a default pursuant to this
subsection. Upon performance or payment, the non-defaulting party
shall become entitled to a lien against the Unit of the defaulting
party which lien shall be enforceable as a mechanic' s lien
pursuant to C.R.S. , Section 38-22-101 , et seq. Such lien shall,
however, be superior in right to all other liens and encumbrances
except, only for:
a. Real estate taxes and special assessment liens on
the Condominium Unit in favor of any public or
quasi-public assessing entity; and,
b. All sums unpaid on a First Mortgage or First Deed
of Trust of record, including advances and all unpaid
obligatory sums as may be provided by such encumbrances.
24 . Acceptance of Provisions of All Documents. The
conveyance or encumbrances of a Condominium Unit shall be deemed
to include the acceptance of all of the provisions of this
Declaration which shall be binding upon such grantee without the
necessity of inclusion of such an express provision in the
instrument of conveyance or encumbrance.
524 . General Provisions.
a. If any of the provisions of this Declaration or the
application thereof in any circumstances are
invalidated, such invalidity shall not affect the
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F 1606 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 18 of 20 Pages
880952
remainder of this Declaration, and the application of
any such provision, in any other circumstance shall not
be affected thereby.
b. The provisions of this Declaration shall be in
addition to and supplemental to the Condominium
Ownership Act of the State of Colorado and to all other
provisions of law.
c. Whenever used herein, unless the context shall
otherwise provide, the singular number shall include the
plural, the plural the singular, and the use of any
gender shall include all genders .
IN WITNESS WHEREOF, Deca ra�shave duly executed this
Declaration this ),F day of C x 1988 .
DECLA T: .
(, t04;1-- 141-----) ,-,
C�, -f/
David Woods n A. Duffey
Approved as to Form:,0'FSUaS RIBED AND SWORN to before me this Br",pn^
day of
c , 19 R9 , by John A. Duffey.
n. .t iii'hNF S my hand and official seal.
•
'i , o 14n Notary Public
My commission expires: to-114 4
2I. BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD C TY, COLORADO‘71Weld � le.�rk and Recorder By:
and C to. thee_B and C airman
eputyo nt Clerk
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F 1607 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 19 of 20 Pages
880952
APPROVED TcCI_ E ` n
County Attorney
,SUBSCRIBED AND SW N to before me this 7,2C1/1 day of
, 19 /, by ( enc /2 . A ,zzn /-nor
Chairman of the Board of County Commissioners of Weld County,
Colorado.
WITNESS my hand and official seal. /
.
, • : ,.? . Y
: Notary Publ •
My commission expires: e�7 /Jr-
2 &rte/- y et! RD(oZ/
Tc0�
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F 1608 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 20 of 20 Pages 880952
er •fit X+�ry�.i,r ��}GM', ai I A r' ,a.y+ +. 0952
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No . 120.457••. a i' ..i`.�'A`%F ?j{r�.+ 'q{.`q i e.� • I[.tLy q�i4.M•+{'b r x
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ONTWaaa !HtNARLOOROOSI INtaTINOIT OC AK, A Qs w?e,rl:.I14 '4W.*:tptAs..
a . PO4TION, Mann O. NlEeh. IN TES NATION Or A 4
;?:+ "r• :, „y•.h�F •., i r
i. . I . PASTE WALL as A i0I1'P AID:00NNON'QlYNOii iAa,dr•e. I?;G•I04 `•`at''M •h L' L', {a.. •
STAIRWAY AND SALVIAS TO A CONTAIN WILDINS NOW IN r. A.Q-.\; +.;Ts•'i. ,,> '"s.- ' '�y�.
amass 0P 011012 001102 AID CONTAIN gurLDIle To Inv -4 iv.,.jvsb{ i`'.':e :4it l , 'I
HERRAPTON CONSTIOOlND ON PASTS Op LOT 17, SOCK ,"� ::7 ` ." �, tea;, 1_�t+•.�, -
-• 64, CITY 0/ SSNQ,NI, SOLD 00DRI, COLORADO.- . 'Gf .'t-:..f . , Min
THIS YSnt, sseouted in duplicate this 14th.dew'or Jane, .D.-1907 by"end'batman Th..Marl-
- Marl-
borough Iarestaent Cespany, a earporatien, party of the first part,- and Joseph 0. Ewing, 'party-of the ' •
seeoadpsrt, all of the City et groan, County of told and State of Colorado, witnesseth;,-that`,-.7*' .q by
L.mA8, the party of the first part'le now the inner and in possessio*t the following dsserib- N
_ o �
sd parcel of land in the City of 'rosin, Weld County, Colorado, to-wit:- bsfinning'at a point 50-•; ' 10 N
foot south of that northwest earner of lot 17, block 64 of said City of Greeley, on the west boundary, tzi
line of said lot; thanes running south along said west boundary lino90 feet; thanes *sat' about 56
O
feet to the oast boundary line.of.said lot; thanes north along said east boundary line to a point N
m
on said oast boundary lino 50 feet south of the northeast scorner of said lot 17, in.block'.64; thanes it
ul
co
west to the point of bagiming, being a parcel of ground 90 feet long north and south by 50 feet. ' O1
.w
wide east end net, sore or lass; and '1 .. g
H o
WHONSAS, socondparty is toe owner and in possession of the following parcel of ground in said-, H N
z •�
let 17, bleak 64, adjoining the above described parcel of ground, te.wit; Beginning at a:paint on ' n oo
the west boundary line of said lot 17, bloat 64, 140 fest south.of'the northwest earner of said lot; ,
X °
thous anteing south along the west boundary line to the southwest corner'of said let; thence east `o
a ..,
along the south boundary lino of said lot to the southeast earner of said let• thanes north alang.' '. xl
PI
taw net boundary lino of said let to a paint 140 fen south of the•nsrtheaet"sonar of said'144'17 p
llewk 64, theme west to the point of bcgiming, an in the Oityot Greeley, County of Weld'`anA State' a
r
et Cslevadw; cad , .
. , sfls V o
♦ _ .• � �2r•* � ., ;:.
lini-N, the parties baste are desirous of hating and maintaining a party wall haven:their>' ' ti
segerate buildiaga, et yea first party's 1a114leg is or. la nurse et easehruatiwa, end ts"la.iaw• n m
•
attar aeamtewwted an their aid respective•vr,. : ~. •x•'`.. • •G: tro Rea ''4.,;(ae•t,�: .�.. 0\
awe, sad ere aloe distress if having and aadntelatali a
Jean etlraawe, pall, stairway es. •to ae • :" ` f .. d a y a: n N
eer•ea cad ha11aA apple starlit'ef buildings. M•ihst! f..'" 0 rn
r s i.,Y SypFr-; ors
-•,.'� . sespeseira ins amte t* so wapeeet e. !, sold buildup sense ieanatste se ii aaeR.+1
seenniwm N elej lsatiaw deartfmsted a aid its rre
-QMttn asf9" spas
k �y�
�.r x � "`:K'4l'•t F 1 L � 07P..4."4,44,. .';‘,� l.}�
1 � 1. �F ��{ v�
y . esL K gaga alww-Ywt1441 4 1,Not awy4�"_r(at n" •y �; •` , t
880952
Ise in hand ,.aid by the saidJoseph C. Ewing to the said The Marlborough Investment Company, the re-
ceipt of which is hereby confessed and apknowledged;r and infurther consideration of the mutual cove
rants and agreements herein contained and of other valuable sonsiderations mutually had and reeatled'?•,: ,
the parties hereto do hereby mutually covenant and agree se follows,ito-wit:■'.•- r , 'in :.i.;.i n`. ahtie'HI14t
The said second party agrees with said first party that the-toutk wall of The Marlborough:..:yf'('; r-;
Investment'Company building now i n course of construction, shall stand on then line between tka+twevJit `,' .
parcels of ground hereinbefore described in the proportion of about one half` of'the well-en a►ehsa''*r �j
parcel of ground as is now actually constructed; said. wall to be of atom and brick about 50 feet,fS
^Rip
long east and wean, and of the other dimensions as
now constructed and'as hereafter.tobe'.eomatt7 tt
r ay.
ed by first party and by second party, and as specified in the plans and epeeitieations,fer tke.Marlrtvy"
borough building drawn by T. Robert Weider of Denver, Colorado; in said pla and,epseiflcatione ere•��;,. I'll ea
hereby referred to for more particularity and are expressly incorporated in this 'entreat, ,That.! al n>
mew±.. _ - rr
second party shall and may use said south wall as a party wall for the ordinarypurposes sod-narmi4��e.Y O N
that,are made of such.walls- in the erection and use of any adjacent. and adjoining.building„fi Tbati �: . ' Cl
if second party shall make his adjacent building a:thr a story' structure he shall continue said•a- O
+
wall for said third story at his own expense. ; rc . i •^ :.•,'.' - �',4.....„,,, '4 . Z u,
!
- That the parties hereto, and each of them, shall and say.herestter, freely and lawfully'anehtst, "Od U,
co
. ,. ',ti ."-:err}^t t cn
in a workmanlike canner, make, use and continue the use of said wall as a party wall forever,:the6ls.rrO b7
.. ., .i b. ‘ernW I--'
said party well being situated on the division line.between said lots, about one half oneach eideaktat y p
thereof and as more particularly described in the above plane and 'petrification of the Marlborougftry ;. z
gaw.'
building herein incorporated and referred to. .. -t.te i .. .r;i+... .'i."nit fl CO
That if at any timahereaftsr it shall become necessary to rebuild any part or portion of the-kW y[y�
CD
said' party well as it is now constructed and is hereafter to be constructed, the expense Or ausb. ;,ul a, a+ ;°
rebuilding shal. be borne equally between the parties hereto or their respective repressntatives•ort^tt z NJ
assigns; it being expressly agreed and understood that a fair proportion of the insurance me-nay F',st, p
carried on the entire Marlborough building shall first be applied to the expense of such rebuilditg.H tilift
O
That the said wall shall remain as it is now constructed and is hereafter to be com+trueted by .,t-
the-parties hereto when the two buildings are completed, but if et any time it shall bosoms neeee— r ' ti
sary to rebuild said wall or any part thereof it shell be erected on the same placer where it aawa.fi'.,' N
s4pnr
stands and shall be of the same or [Sailer material and of like quality with the present well esTmaw 4s. .
sonstrmetd and to be hereafter constructed, and that nothing shall be done by the parties hereto O No;
or any of them or their representatives or assigns at any;time hereafter to-alter, 'impair:Or derive
the usefulness of said all for the uses and purposes hereinbefore mentioned without tkf eensamt et c
w'r,"" t
each and ell of the parties hereto, their heirs, executors, administrators and assigns.boing,first. �.;_
„ i
c.`
bed and obtained. w ' :>jzy i r,,
/17"--4.-L, ./ That second party, his hairs and assigns, nay bars the right hereafter insW, t
construction of his building, adjoining the Molbereudi building en the tehtma'' �y9s�' rtil
J : m,
/ the use of said vasty wall, to build on, add to or N rsiatesse said .epic-MTwr ',';
880952
en.apening through said wall of the same height as the upstairs hallway in the Marlborough
�' airy and ofsuch width is Is necessary to give a convenient, spacious and sightly entrer.ns end
•xs4 to the. main stairway to and from said adjoining building; said opening being for the purposes
, of general ingress and ,egress from second party's building into the hallway, stairway, hall and
entrance jointly ownedand.held in common by first and second }artist, as will hereinafter acre ful-
' ly appear.` It is understood as aforesaid that the dimensions of said opening may be varied to meet
the necessities of construction's* that there may be free and easy access from second party,+ build-
. ping to said hallway, stairway, hall and entrance. -e f;
•
That this agreement shall be perpetual and shall at all times be construed as a covenant run-
hi
ping with the land, and shall be binding upon the parties hereto, their heirs, successors, adminis- F, r
O1 N
;rators and assigns forever. d, '"' 1a. r r H
Fa
For and in considerationlbf the premises and the further oonsideration• of the mutual covenants
and agreements herein contained, and for and in consideration of an agreement entered into by first C)
parties with second party April 10, 1907, and embodied in a resolution adopted at a joint meeting of y r
zto
; ,all the directors and all the stockholders of The Marlborough Investment Company, held in Greeley, co
'rltn
t9 co
Colo-ado, Apr17y1C, 1907 which is as follows, to-wit:- G a
bi
'whereas all stockholders and ell directors of The Marlborough Investment Company have entered 7:1
into an informal agreement with Joseph C. Ewing and assigns to exchange with hie a perpetual ease—
H
men' of ingress and egress 1 n favor of any building hereafter to be erected on the lot now owned by
Zs.
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said Ewing on the south, being 50 feet long by 50 fest wide, more or less, through and over the en— t co
trance, hallway and stairway to be built by said Company in the south end of its building, and also x o
an halt interest in the south wall of said building; for. and in consideration of legal es--ices N
pzi
rendered andto be rendered by said Ewing until the completion of the said tuilding, and for . ermit-
O
ting one half of said south wall to stand over on the ground owned by said Ewing and for privileges qo
extended to said Company to use said Ewing's lot at the south of the building for storing gravel sand by p
and materials during the construction of said building and for the superintendence and manaaerent of o0
the construction of said building until entirely completed; now therefore, be it unanimously resole- l7
Om
ed 'yy the board of directors and stockholders in joint meeting assembled that the said agree❑ant O to
w_th said Ewing be and is hereby confirmed and accepted; that he be requested at his earliest con- Cl
0 c
venienee to prepare a formal party wall end stairway agreement covering the within agreement And sub-
rit the same to the directors and stockholders of this Company'.
DO! TRFREP0RE, for the above considerations said first party agrees to erect and construct et
its own cost and expense the entrance, hall, stairway and hallway at the south end of its butlitng
now in course of construction aaeording to the plans and specifications for said Marlborough build-
ing drawn by I. Robert welger; Said plans and 'specifications are hereby referred to and incorporated
in this 'entreat for more particularity. As shown on maid plans the main en-
_ ._ _._... -.-_ •..• a,.ht. teens■ over
yue.rter inches; the hall .mining the stairway is to be about kitten feet long by nine feet, '
eight inches wide, as shown by the plans and specifications; the stairway leading from said hall is
to begin about tour feet in from the entrance door, and the main stair is to be four feet six inohse
wide in the clear and is to run up along the south wall of said building, landing in a 'reception
hall on the second floor which is about fifteen feet five inches long by ten test eight inches wide,
as shown by the plans and specifications. It is understood and agreed that so much of the reception
hall at the landing of the stairway on the second floor shall be included in this common stairway '
agreement as shall be necessary for a reasonable and ordinary use of second party in making in-
gross and egress from his building on the south through the opening in said party wall in going up
and down said stairway; the ceiling height between Joists in the ball and stairway of the first floor
shall be about thirteen feet and eight inches an is r:.own on the plan and specifications herein re-
ferred to, and the ceiling height in the rocs pt ion hall and top of the landing of the stairway shall
o
NV
o be about ten feet and two inches between joists, as is also shown by said plans .argil specifications;
VN o it is understood and agreed that the entrance, hall, stairway and hallway herein bargained, sold
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aand conveyed are to be approximately and practically as drawn and specified in the plans and speei-.
oW
o fications herein referred to ; it is also agreed that any small variances of an Inch or a few
h' inches in the construction of any part of the entrance, hell, stairway and hallway herein mentioned,
to hi
acaused by the necessities of construction discovered at the time of constru ction shall not be • .
V
W N breach or a violation of this contract in any respect, and that the true intent and spirit of this
N
.. ,a agreement is to bargain, sell mid convey to said second party, his heirs and assigns; and first par-
0i
o a ty does hereby tell, bargain, and convey to second party, his heirs and assigns a perpetual ease-
co '- merit and right to use in common with first party, its successors and assigns a certain entranee,'ha]-
co V
cr z stairway and hallway at the south end of what is to be known as the Marlborough Building, said ear
rl H
`. W trance, hall, stairway and hallway to but used by second party, his hairs and assigns in connection
Wwith a building hereafter to be erected about 500 feet wide by 50 feet long on the south of the said
CO W Marlborough Building; that the consideration for said easements are named in the resolution p►ssed.
4n lw
Mz at a directors' and stockholders' meeting of The Marlborough Investment Company, April 10, 1 907,
, z
N and the other considerations named in this contract.
0
>+
W >, IL Is expressly agreed and understood that said entrance, hall, stairway and hallway is LoDe
A: F£C kept open at all times without any obstruction or obstructions whr.tscever for the joint use of the
N
"i first party and second party,their heirs, executors, administrators and assigns, unless the parties
NV)
,-1
hereto shall otherwise agree.
it is further mutually understood and agreed if at any time hereafter it shall berme neeesaa7
to rebuild said entrance, hall, stairway or hallway or any part or portion of any of.thee• the we—
pens• thereof shall be borne equally between the parties hereto, and that in ease the\eaid entrants-
of f then shall be rebuilt hereafter 1Lq M shall ,. _
ball. stairway, and hallway or any part any ° ._, -
upon the +am. places herein specified and be of the sou or stellar sloe and diaaralwal'aed,M asst'
i\ liar or equal to that herein called for and ea d bed is the ilia• b1MsM -
1 \'' Marlborough 1 'filiation. °f the Marlborgh %sliding drawn by T. I Meijer didel new h—
1 880952
ing constructed; and it is further understood and agreed that In ease of eebuilding or repairing
i that a fair and equitable proportionpf the insurance money, in ease of fire, received for damage to
.. . .
the karloorough building shall first be applied toy repairs and rebuilding of the entrance, hall,
' stairway and hallway before either party shall be called upon to contribute to the expense of re—,
building said sntrance,hall, stairway and hallway.
It is further understood and agreed that the said entranoe,hall, stairway and hallway and each
of them shall be'kept open at all times to the full extend and meaeure of the same for the common use
and enjoyment of the owners of said lots and buildings, innluding the lawful tenants and occupants
thereof and of any and all persons lawfully upon the said premises, together with the continuous and
uninterrupted right of ingress and egress thereto and therefrom over, on and around the said en- ..y L
trench, hall, stairway and hallway, and that after the construction of said entrance, hall, stair- rn N
• H �
A way and hallway, they and an4of them shallInot be removed, disturbed or impaired for any °sues what- CO r`)
soever nor altered in any manner, otherwise than herein provided, without the written consent of > M
each and all the parties hereto or their representatives or assigns, except as to that portion of the o
r•.)
1-1
party wall adjoining the stairway and hallway at the landing of the stairway on the second floor, Z
co
which second party shall be permitted to remove to make an area way and ipening into his building DV 01
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to be constructed on the south of first party's building; anti the second party agrees to exercise Eil
'.d
care to finishing up said opening in a sightly and workmanlike manner. H
LTI '
It is expressly agreed and understood that the conditions , covenants andrbbligations contained 54 .7.
co
in this deed shall be construed as co MSLSonn, obligations and covenants running with the land, and (] co
rop
shall be binding upon the parties hereto, their heirs, executors, administrators, sucoessors and as- ey
x o
signs forever. 1/4O
R .
is
I1. WITNESS WHEREOF the said party of the first part hereunto has caused these presents to betiJ
signed in its name and its corporate seal to be affixed and attested by its secretary, and second p
party has hereunto set his hand and seal the day and year first above written.
Olin
Sa O
THE MARLBOROUGH INVESTMENT COMPANY, Z
By Robert G. Marten, President. r
Attest: Joseph C. Ewing, Secretary. ' -i ^�� Joseph C. Ewing,1 (Seal). n NJ
STATE OF COLORADO, ) Ul
i
) o
County of Weld.
I,Henry Candlin, a Notary Public in and for said County and State aforesaid, do hereby certify
that Robert a. Martin, to me personally known personally appeared before me the day and year nrvt
below written, who being by me duly sworn, did slay, that he is the presidentof The Marlborough
Investment Company, a oorporationerganized and existing and doing business under the laws of the '
State of Colorado and that the foregoing instrument was signed, and sealed in '
behalf of the said corporation by authority of its Board of directors and by
w
C . all of its stockholders, and said Robert G. Martin aathowledgsd the said ilutro-
sent to be the free and voluntary aet and deed of said corporation; that also
ss0952
r.' • :".,/".
• )( d « Y 1F 0. t
* .Y';3- 0.J , % 'P.' ", 'Uel*a,l} • 'f,4A M. ', ry,A-,te, + } Pr 7'r.,r
EY�hri‘,..t.1i nx s •¢' 4 (.S ; i . r . C; Fn:s.r6. s { .aE ,e
ti v H` 4' ,l i LY '' a 4ry '+i �. 1 y�'. 4s ,J
s w wL `N iriirvt Y$att �` . <s er .it Z,' ,
\�_ I `�' i s �A4�('�M1 1....,r^r 4' F S � �• ��. y(} F Y a
�Ir�'" .. '}'.J'1 ( .{ . r} '; '1 "' ' ' SY.vC H. 6: ies talu:�.s�aey;,�,
I F r ..r -i Ar 0.k• F A ,•••,),.' 'y' '[ mj
�. • �tX r�r 'v#st,'zSMq. t�{f�} 3;�� ' �j
i '+ A 1, °70.1 T yr,„ t 1 tF
xY,, , a ;4,4 3' ”x4li e.
t.V -. . ._. � . : n.• . .. st. � -:' .. � . o,•,<,Ser � :fa 10 q,Y .`+tIR 4 a CFA fi"+"'a..S$Y�� e� ��
Joseph C. Ewing who is personally known to se personally appeared before a the day atd T� s�f a< �s
assented W d
below written, who being by me duly sworn, did acknowledge that be signed, sealed, e+o �,
livered the said instrument of writing ma his free andvoluntary act end deed for the uses mod pr-1„"q 'Ci'
! , =Y. oaf'°s�,. to
�I poses therein set forth. a t
I further certify my notarial commission expires January 23rd, 191 0. ,:,,,').
'i I.- / WITFESS my hand and notarial seal at Greeley, Weld County, Colorado, this 14th if
I v .3 Ku �t
#t ( ii.,1, \1 day of June A.D. 1907.
i1.4 gHenry Candlin, Notary Public.
•
No. 120,445.
Filed for record at 11:30 o'clock A.Y. June 15, 1907. -
Chas. Devi}, Recorder. • ,.sa .. . `�.
TIOC7COMCDO7CX1XXXXCXaXXXrCa7 Qxii iMiinixuiixilkin Xzizzzzzzzr zamizzzz:rzzzz z zzza:rzaf
B 1212 REC 02158586 10/14/ b8 09 : 42 $0 . 00 26(026 _-
F 1614 MARY ANN FEE ERSTEIN CTFIRK & RECORDER 6JLLD CO, CO
PARTIAL RELEASE OP D® OP TRUST. ..} . . .
KNOW ALL MEN BY THESE PRESENTS, that whereas Jasper V. Bowles and Ida J. Bowles, husband Jand
wife, then of the County of Weld and State of Colorado now of Mao County, Colorado and Newry L.
Bowles and Carrie M. Bowles of the City end County of Denver, in the State of Colorado, by their cer-
tarn Deed of Trust dated the first day of February A.D. 1905 filed for record in the office of
the County Clerk and Recorder of the County of Weld, in the State of Colorado, on the fifteenth
day of November A.D. 1905 and duly reoorded in book.232 of the recOrge in said attics, at page 51
conveyed to the undersigned Prod S. Sweet of the City and County. of Denver in the State of Coloreds,
as trustee, certain real estate in said Deed of Trust described, in trust to secure to Fred b. boost
the payment of their two certain promissory notes, with interemt and all charges thereon, as Ia said
Deed of Trust mentioned.
r an F.gretement between the owner and holder of said notes, and the said Jn ' , 1
AYD WHEREAS, Y
N. Bowles and Ida J. Bowles and Henry L' . Bowles and Carrie Y. Bowles partial releases are is be
made from time to time upon the male of portions of said reel estate, and payeentef portiere of the
,aid 1Mettednees, and whereas, the portion of said real estate harelt.mtter deserted bath lava meld
tiQnnc2
AR2160950
AMENDMENT TO AN AGREEMENT BETWEEN THE MARLBOROUGH
INVESTMENT COMPANY, A CORPORATION, AND JOSEPH C. EWING,
IN THE MATTER OF A PARTY WALL AND A JOINT AND COMMON ENTRANCE,
HALL, STAIRWAY AND HALLWAY TO A CERTAIN BUILDING NOW IN COURSE
OF CONSTRUCTION AND CERTAIN BUILDINGS TO BE HEREAFTER
CONSTRUCTED ON PARTS OF LOT 17 , BLOCK 64 , CITY OF GREELEY
WELD COUNTY, COLORADO
The parties , BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO, as successor in interest to the
Marlborough Investment Company (hereinafter "Board as Successor to
Marlborough") ; BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO, as successor in interest to John Ewing
(hereinafter "Board as Successor to Ewing") ; and JOHN A. DUFFEY
(hereinafter "Duffey") , and agree as follows:
WHEREAS , there is an agreement between the Marlborough
Investment Company, a corporation, and Joseph C. Ewing, in the
matter of a party wall and a joint and common entrance, hall,
stairway, and hallway to a certain building now in the course of
construction and certain buildings to be hereafter constructed on
parts of Lot 17 , Block 64 , City of Greeley, Weld County, Colorado,
recorded on June 15 , 1907 , at Book 258 , pages 426 through 431 , of
the records of the Weld County Clerk and Recorder (hereinafter
"1907 Agreement" ) , and
WHEREAS, the Board as Successor to Ewing and Duffey are
successors in interest to Joseph C. Ewing in the building and the
land which is located in the City of Greeley, County of Weld,
State of Colorado, and is more particularly described as that Part
of Lot 17 , Block 64 , City of Greeley, Weld County, Colorado, lying
south of the centerline of a common wall as described in Book 258 ,
under page 426 through 431 of the records of the Weld County Clerk
and Recorder, and
WHEREAS, Board as Successor to Ewing holds fee title to Unit
#2 of the Marlborough Annex Condominium, and Duffey holds fee
title to Unit #1 of the Marlborough Annex Condominium, and
WHEREAS, Board as Successor to Marlborough holds fee title to
the land and improvements located on the north 140 feet of Lot 17 ,
Block 64 , City of Greeley, Colorado, as shown on the plat map
originally recorded in September, 1870 , in the office of the Weld
County Clerk and Recorder, 915 Tenth Street, Greeley, Colorado,
and
WHEREAS, the creation of the Marlborough Annex Condominiums
requires certain amendments to the 1907 Agreement.
B 1215 REC 02160950 11/04/88 10 :28 $0. 00 1/003
F 0297 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 1 of 3 Pages 880952
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree to modify the 1907 Agreement
as follows:
1 . That Duffey shall be relieved of any obligation as
successor to Ewing to bear a portion of the cost to rebuild or
repair the entrance, hall, stairway, and hallway, or any part
thereof, which obligation shall be assumed by the Board as
Successor to Ewing.
2 . That Duffey' s consent shall not be required for
modifications made to the entrance, hall, stairway, and hallway.
3 . That Duffey has no right of access over or through said
entrance, hall, stairway, and hallway except as otherwise set
forth herein.
4 . That Duffey and the Board as Successor to Ewing shall
have a non-exclusive easement across any portion of the building
on the north 140 feet of Lot 17 , Block 64 , City of Greeley,
Colorado, as shown on the plat map originally recorded September,
1870 , in the office of the Weld County Clerk and Recorder for the
purpose of access for inspections , maintenance, or repair of
General or Limited Common Elements of the Marlborough Annex
Condominium including those located on the roof. Said easement
shall in no way obligate the Board as Successor to Marlborough to
modify, renovate, or improve the building on the north 140 feet of
Lot 17 , to accommodate said access beyond the stairway to the
second floor and the trap door to the roof which currently exist.
5 . Duffey agrees to pay for any damages to the building
described in paragraph 4 as a result of use of the easement by
Duffey or his tenants, but said obligation shall not be considered
a personal obligation of Duffey.
6 . Parties agree that the entrance, hall, stairway, and
hallway currently existing as renovated following the purchase by
the Board is consistent with the original intent of the 1907
Agreement.
7 . The 1907 Agreement shall be considered modified only to
the extent said modifications are expressly set forth herein .
8 . It is expressly agreed and understood that the
conditions, covenants, and obligations contained in this Agreement
shall be construed as conditions, obligations, and covenants
running with the land, and shall be binding upon the parties
hereto, their heirs, executors, administrators, successors , and
assigns forever except as modified by the agreement of all parties
or their successors in interest.
B 1215 REC 02160950 11/04/88 10 : 28 $0 .00 2/003
F 0298 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 2 of 3 Pages 880952
IN WITNESS WHEREOF, the parties hereto have hereunder
subscribed their names the day and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: '/ ,y-' 46W-11464-1-;-)41-"`) OF THE COUNTY OF WELD
Weld le dRecorder y:
Bt'��a' l SAS
���A
and Cleila+� dq � '-'
�' ,� airman
BY: _ c7y yi-ce/ , li-ruS�
D putt' County erk
The foregoing instrument was acknowledged before me this
°:�j S- day of of ,,- , 19 QQ , by Gene R.
Brantner, Chairman, Board County Commissioners of the County of
Weld.
Witness my hand and official seal.
llieL 4. 4
Notary Public
My commission expires:
Rv...y Commission Expires June 8, 1990
40 ARt' HN A. DUFFEY
♦ :' -Q--,rJ- : p =.
•• Th fn;`egoing instr ment was acknowledged before e this
d2�lp day of ()c1' ,b, , 195M , by John A. Duffey.
Witness my hand and official seal.
y Notary Public
My commission expires: lO'lt-ne1
'F ......Co \
�.'NOTARy% .-•
o L"p";, r
880952
Paae 3 of 3 Pages
B 1215 REC 02160950 11/04/88 10 :28 $0 .00 3/003
z. AOO0 MAPV LMN PRTTF.RSTF.TN CLERK & RECORDER WELD CO, CO
AR2160949
AGREEMENT TO TERMINATE AGREEMENT
FOR USE AND MAINTENANCE OF ELEVATOR
THIS AGREEMENT, entered into this 31st day of October
19 88 , by and between THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD (hereinafter the "County") , and JOHN A. DUFFEY, now
of 208 Racquette Drive, Fort Collins , Colorado 80522 .
WITNESSETH:
WHEREAS, John Duffey and County previously entered into an
Agreement for Use and Maintenance of Elevator recorded at Book
1083 , Reception Number 02024271 , on September 10 , 1985 , of the
records of the Weld County Clerk and Recorder, and
WHEREAS, The County is purchasing the second floor of the
building known as 942 Ninth Avenue, Greeley, Colorado, in the form
of Condominium Unit #2 of the Marlborough Annex Condominiums, and
WHEREAS, neither Duffey nor his Tenants will have need to use
the elevator described in the previous Agreement on a regular
basis.
NOW, THEREFORE, in consideration of the covenants and
obligations herein expressed, it is agreed by and between the
parties :
1 . That the Agreement recorded September 10 , 1985 , between
these parties is hereby terminated with each party waiving the
ten-day notice requirement contained therein.
2 . That terminating the Agreement shall not relieve Duffey
of his obligation to pay his one-half share of maintenance
expenses incurred through September 30 , 1988 .
B 1215 REC 02160949 11/04/88 10 :27 $0.00 1/002
F 0295 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 1 of 2 Pages 880952
IN WITNESS WHEREOF, the parties hereto have hereunder
subscribed their names the day and year first above written.
•
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF WELD COUNTY, COLORADO
Weld Countyt kric<:and,-Recorder
Si
and Clerk toy.th�'`.�3 cd BY
lt-
h irman
By: Lr714.4X.c e.d
puty County _ erk
Tlbe foregoing instrument was acknowledged before me this
day of , 19 494 , by Gene R.
Brantner, Chairman, Board of County Commissioners of the County of
Weld.
Witness my hand and official seal.
Notary Public
•My..cofimission expires:
Mirerlm ign`Expires June 8, 1990
,, p f B 1G ,!r;
or �•' J N A. DUFFEY
The foregoing instrument was acknowledged before me this
C (O day of Qc tobeA . , 19 , by John A.
Duffey.
Witness my hand and official seal.
do/fa71)--)'12 &1dd
p Notary Public
My c,e jmtission expires:l� Il-0�
,r t
r. 680952
0s"�,' Page 2 of 2 Pages
B 1215 REC 02160949 11/04/88 10 :27 $0 .00 2/002
F 0296 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WOOD. HERZOG. OSBORN & BLOOM
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
MI OLD TOWN SQUARE
DAVID L. WOOD P.O. BOX 2003
C. WILLIAM HERZOG FORT COLLINS. COLORADO 80522
DAVID L. OSBORN 363 ELKHORN
CHARLES S. BLOOM (3O3) 484-2928 ESTES PARK. COLORADO
J. WILLIAM DARROUGH October 26, 1988 13031 586-5648
JOHN W. PHARRIS
J J. VICK
,n
Office of the County Attorney I
Weld County, Colorado 0CT 271988
ATTN: Lee Morrison
Assistant County Attorney
P.O. Box 1948
Greeley, Colorado 80632
RE: Marlborough Annex
Dear Mr . Morrison:
Enclosed herewith please find executed copies of the
following documents :
1 . Agreement to An Agreement Between the Marlborough
Investment Company and Joseph C. Ewing; and
2 . Agreement to Terminate Agreement for Use and Maintenance
of Elevator .
Sincerely,
--a- ;)
Diana McDaniel
Secretary to David L. Wood
dm/enc .
880952
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