EAGLE COUNTY. CO TEAK J SIMONTON Pgs: 9 SECOND AMENDMENT TO DECLARATION FOR WESTGATE

Transcription

1 EAGLE COUNTY. CO TEAK J SIMONTON Pgs: 9 04:56:46PM REC: $46.00 DOC: $ II SECOND AMENDMENT TO DECLARATION FOR WESTGATE /25/2007 This Second Amendment to Declaration for Westgate (the "Second Amendment") is made as of\1/4-0,<:,..;\- L, 2007 by Gretchen McNamee and William Michael Larson as the owners of U. its 201 and 202, Westgate Condominiums, respectively (the "Unit Owners"). WITNESSETH: WHEREAS, pursuant to the Declaration for Westgate on December 5, 1997 at Book 745, Page 422, Reception No and as amended by First Amendment to Declaration for Westgate, recorded September 24, 2003, at Reception No , and re-recorded October 3, 2003 at Reception No in the Office of the Clerk and Recorder of Eagle County, Colorado (collectively, the "Declaration"), and the Condominium Map, Westgate, recorded on December 5, 1997 at Book 745, Page 421, as corrected by Correction Map recorded January 21, 1998 at Reception No , and as amended by First Amendment to the Condominium Map, recorded September 24, 2003, at Reception No in the Office of the Clerk and Recorder of Eagle County, Colorado (collectively, the "Map"); WHEREAS, all capitalized terms used herein shall have the meanings as defined in the Declaration, unless otherwise defined or modified herein; WHEREAS, Westgate Association (the "Association") is the owners association under the Declaration; WHEREAS, the Unit Owners and the Association desire to amend the Declaration in this Second Amendment; WHEREAS, simultaneously with the recording of this Second Amendment, the Map is being amended by that certain Second Amendment to the Condominium Map, Westgate ("Map Amendment"), which show the new boundaries of Unit 201 and Unit 202; and WHEREAS, all necessary consents to this Second Amendment as required by Section 3.5 of the Declaration have been secured as evidenced by the Certification of the Association attached to this Second Amendment. NOW, THEREFORE, the Association hereby approves the Map Amendment which amends the boundaries of Unit 201 and Unit 202, and the Declaration is hereby amended as set forth below. 1. Map Amendment. A Map Amendment, which complies with the provisions in Articles 3 and 21 of the Declaration, shall be filed of record simultaneously with the recordation of this Second Amendment. The Map Amendment, which amends the Condominium Map for A CT ruing re o: P.C. most e 200 V eat tv- in I:WO O-NV01^ Po eox 415 Avov,_ CO i/v

2 Westgate with respect to the boundaries of Units 201 and 202 as depicted on the Map Amendment prepared by Eagle Valley Surveying, Inc, dated June 7, 2007, is hereby approved, including but not limited to, the location, boundaries and size of Units 201 and 202. The Map Amendment shall be recorded in the Office of the Clerk and Recorder of Eagle County, Colorado. 2. Ownership Interest. Interest in the Common Elements of Units 201 and 202 are revised as stated on Schedule 1 attached hereto and incorporated herein by reference. All other Ownership Interests shall remain the same. Assessments by the Association as provided in Article 8 of the Declaration, upon the recording of this Second Amendment and the Map Amendment, shall be divided among the Units according to the interest allocations and formula set forth on the attached Schedule 1 and Exhibit B to the Declaration is hereby amended in its entirety to read in accordance with Schedule 1 hereto. Notwithstanding the modification in the boundaries of Units 201 and 202, and the amendment of the percentage interests of the Owners in the Common Elements, each Owner shall remain fully liable with respect to his obligation for the payment of the Common Expenses of the Association. 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4. Conflicts Between Documents. In case of conflict between the Declaration, as amended hereby, and the Articles or Bylaws of the Association, the Declaration as amended shall control. UNIT OWNERS: etchen McNamee UNIT 202: William Michael Larson OF 9

3 Westgate with respect to the boundaries of Units 201 and 202 as depicted on the Map Amendment prepared by Eagle Valley Surveying, Inc, dated June 7, 2007, is hereby approved, including but not limited to, the location, boundaries and size of Units 201 and 202. The Map Amendment shall be recorded in the Office of the Clerk and Recorder of Eagle County, Colorado. 2. Ownership Interest. Interest in the Common Elements of Units 201 and 202 are revised as stated on Schedule 1 attached hereto and incorporated herein by reference. All other Ownership Interests shall remain the same. Assessments by the Association as provided in Article 8 of the Declaration, upon the recording of this Second Amendment and the Map Amendment, shall be divided among the Units according to the interest allocations and formula set forth on the attached Schedule 1 and Exhibit B to the Declaration is hereby amended in its entirety to read in accordance with Schedule 1 hereto. Notwithstanding the modification in the boundaries of Units 201 and 202, and the amendment of the percentage interests of the Owners in the Common Elements, each Owner shall remain fully liable with respect to his obligation for the payment of the Common Expenses of the Association. 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4. Conflicts Between Documents. In case of conflict between the Declaration, as amended hereby, and the Articles or Bylaws of the Association, the Declaration as amended shall control. UNIT OWNERS: UNIT 201: Gretchen Mc amee UNIT 2 William Michae OF 9

4 COUNTY OF EAGLE The foregoing instrument was acknowledged before me this by Gretchen McNamee. day of 2007, Witness my hand and official se. I s e n expires: S. KELLER-GREEN NOTARY PUBLIC My Commission Expires 10/02/200 9 COUNTY OF EAGLE h.. Notary The foregoing instrument was acknowledged before me this day of, 2007, by William Michael Larson. Witness my hand and official seal. My commission expires: \ Clients Lowrey-0006 \ Westgatel2nd Amendment to Map & Dechamd-2nd-dec-chu.doc OF 9

5 COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of, 2007, by Gretchen McNamee. Witness my hand and official seal. My commission expires: COUNTY OF EAGLE The foregoing instrument was acknowledged before me this (---) day o 2007, by William Michael Larson. Witness my hand and official My commission expires: ea k S. KELLER-GREEN NOTARY PUBLIC My Commission Expires 10/02/2009 G: \ Clients \ Lowrey-0006 \ WestgatM2nd Amendment to Map & Dechamd-2nd-dec-cln2.doc OF 9

6 I, the undersigned, do hereby certify: CERTIFICATION AND CONSENT That I am the President of Westgate Association, a Colorado non-profit corporation; and At a meeting held by the Executive Board of Directors of the Westgate Association, and pursuant to Section 3.5 of the Declaration, the foregoing Second Amendment to Declaration was duly approved and adopted by the Executive Board of Directors; and the President of the Association was authorized to sign this Certification evidencing their consent to this Second Amendment to Declaration and to the Map Amendment. IN WITNESS WHEREOF, I have hereunto subscribed my name this. c2b day of.451, WESTGATE ASSOCIATION, a Colorado non-profit corporation STATE \N,a0 ) COUNTY OF "Pil ft ), The foregoing instrument was acknowledged before me this,day o 2007 by irilfr.a J5(effiler as President of Westgate Association, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: I //9/9// C PERRIGAUD A NOTARY PUBLIC my couvisnaprst OF 9

7 JOINDER OF LIENOR The undersigned, beneficiary under the Deed of Trust dated May 1, 2006, and recorded May 5, 2006 at Reception No in the office of the Clerk and Recorder of Eagle County, Colorado, as amended and supplemented from time to time (the "Deed of Trust"), for itself and its successors and assigns, approves the foregoing Second Amendment to Declaration for Westgate, affecting a portion of the Property encumbered by the Deed of Trust, and agrees that no foreclosure or other enforcement of any remedy pursuant to the Deed of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by that Declaration. FIRSTBANK OF VAIL By: Name: "Ow- 4 in) 14Le Title: tejf COUNTY OF ) ss. The foregoing instrument was acknowledged before_we this \C:, day of C-NS\.'. as \--t c:c_.. of FirstBank o WITNESS my hand and official s 1. My commission expires (Z:3 [SEAL] S. KELLER-GREEN NOTARY PUBLIC My Commission Expires 10/02/ OF 9

8 JOINDER OF LIENOR The undersigned, beneficiary under the Deed of Trust dated June I, 2006, and recorded June 8, 2006 at Reception No in the office of the Clerk and Recorder of Eagle County, Colorado, as amended and supplemented from time to time (the "Deed of Trust"), for itself and its successors and assigns, approves the foregoing Second Amendment to Declaration for Westgate, affecting a portion of the Property encumbered by the Deed of Trust, and agrees that no foreclosure or other enforcement of any remedy pursuant to the Deed of Trust shall impair, invalidate, supersede or otherwise affect the covenants, conditions, restrictions and easements established by that Declaration. COLORADO HOUSING AND FINANCE AUTHOR By: Name: a sk i. Title: w. 13otgna e.-v- ) ss. COUNTY OF -b-ckm-p- 11 The foregoing instrument was acknowledged before me giis a041, by Itaalas ariouisses e9_ _e and Finance Authority day of of Color o Housing WITNESS my hand and official seal. My commission expires // [SEAL] Lay OF 9

9 SCHEDULE 1 OWNERS' INTERESTS IN COMMON ELEMENTS Unit No. Percentage Interest in Common Elements Appurtenant to the Unit OF 9