DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS, AND BY-LAWS
FOR
AIX LA CHAPELLE CONDOMINIUMS
This Declaration of Covenants, Conditions and Restrictions,
hereinafter called "Declaration," and the By-Laws which are attached
hereto and made a part hereof and executed in Salt Lake County, Utah, this
6th day of July , 1979, by
Southern Realty Sales and Development Co., Inc., a Utah Corporation, authorized
to do business in Utah, hereinafter called "Declarant," for itself
and its successors, grantees, and assigns, pursuant to the provisions of the
Utah Condominium Ownership Act, Utah Code Annotated Section 57-8-1, et, seq.,
(1953 as amended), hereinafter to as "Condominium Ownership Act."
RECITALS:
Declarant
is the owner of the tract (as hereinafter defined) located in Salt Lake
City, Utah, more particularly described in Article II hereof.
The
aforesaid property consists of the land above-described, together with
certain residential condominium buildings and certain other improvements
heretofore constructed upon said premises.
19
residential buildings consisting of a total of 256 residential condominium
units and other improvements upon the aforesaid premises have been
constructed in accordance with the plans and drawings set forth in the
Record of Survey Map filed concurrently herewith, prepared and certified
by Bush and Gudgell, Inc., a duly registered Utah Land Surveyor.
Declarant
desires by filling this Declaration and the aforesaid Record of Survey Map
to submit the above-described real property and the said buildings and
other improvements constructed thereon to the provisions of the Utah
Condominium Ownership Act as a condominium project, to be known as Aix La
Chapelle Condominium.
Declarant
desires and intends to sell the fee title to the individual units
contained in said condominium project, together with an individual
ownership interest in the common areas and facilities appurtenant thereto,
to various purchasers, subject to the covenants, conditions, and
restrictions herein reserved to be kept and observed.
Declarant
desires and intends by filing this Declaration and the Record of Survey
Map to submit the property to the provisions of the aforesaid act as a
condominium property and to impose upon said property mutually beneficial
restrictions for the benefit of said property and the owners thereof.
The
Declarant intends to develop the above condominium project consisting of
256 residential units and 224 covered parking stalls and to subject the
entire property and units as so developed as one condominium project by
the filing of a Declaration to accomplish that purpose.
NOW THEREFORE, for such purposes, Declarant hereby makes the
following Declaration.
I. DEFINITIONS
The terms used herein shall have the meaning stated in the
Utah Condominium Ownership Act and as follows unless the context clearly indicates
a different meaning thereof:
a.Act
shall mean and refer to the Utah Condominium Ownership Act, Utah Code Annotated
Section 57-8-1, et. Seq. (1953 as amended).
b.Declarant
shall mean Southern Realty Sales and Development Co., Inc., a Utah Corporation,
and its successors and assigns.
c.Declaration
shall mean and refer to this instrument.
d.Record
of Survey Map and Map shall mean and refer to the Record of Survey Map
filed simultaneously herewith consisting of 17 sheets and prepared and
certified to by Robert B. Jones, a duly registered Utah Land Surveyor having
Certificate No. 1525.
e.Association
shall mean and refer to all the unit owners acting as a group in accordance
with the Declaration and the By-Laws.
f.Common
Areas and Facilities and Common Areas shall mean, refer to, and include:
(1)The
real property and interests in real property which this Declaration submits to
the terms of the Act.
(2)All Common Areas and Facilities designated as
such in the Survey Map.
(3)All
limited Common Areas and Facilities.
(4)All
foundations, columns, girders, beams, supports, perimeter walls, roofs, and any
entrances and exits which are designed for the use of more than one Unit,
parking spaces, access roads, driveways, walkways, pedestrian sidewalks,
landscape and planting areas, fences, street lights and other common
facilities.
(5)All
apparatus, installations, and facilities included within the Project and
existing for common use.
(6)All
portions of the Project not specifically included within the individual Units.
(7)All
Common Areas as defined in the Act, whether or not enumerated herein.
g.Limited
Common Areas and Facilities and Limited Common Areas shall mean and refer
to those Common Areas designated herein and in the Map as reserved for the use
of a certain Unit or Units to the exclusion of the other Units.
h.Common
Expenses shall mean and refer to all sums which are expanded on behalf of
all the Unit Owners and all sums which are required by the Management Committee
to perform or exercise its functions, duties, or rights under the Act, this Declaration,
and Management Agreement for operations of the Project, and such Rules and
Regulations as the Management Committee may from time to time make and adopt.
By way of illustration but not limitation, Common Expenses shall include:
(1)Expenses
of administration, maintenance, operation, repair, replacement of those
elements of the Common Areas that must be replaced on a periodical basis, and
other reserves as may be from time to time established pursuant to the
Declaration.
(2)Expenses
agreed upon as Common Expenses by the Association and lawfully assessed against
the Owners in accordance with the Declaration.
(3)Expenses
declared Common Expenses by the provisions of the Act or by this Declaration or
by the By-Laws.
(4)Any
valid charge against the project as a whole.
i.Common Profits shall mean and refer to the
balance of income, rents, profits, and revenues from the common areas remaining
after deduction of Common Expenses.
j.Property shall mean and refer to the land
described in Article II hereof, the buildings, all improvements and structures
thereon, all easements, rights and appurtenances belonging thereto, and all
articles of personal property intended for use in connection therewith.
k.Unit
Owner or Owner shall mean and refer to the owner of the fee in a Unit and
the percentage of undivided interest in the Common Areas and Facilities which
is appurtenant thereto. The Declarant shall be deemed the owner of all unsold
Units. In the event a Unit is the subject of an executory contract of sale, the
contract purchaser shall, unless the seller and the purchaser have otherwise
agreed and have informed the Committee in writing of such agreement, be
considered the Unit Owner for purposes of voting and Committee membership.
l.Unit Number shall mean and refer to the number
which designates a unit in the attached Exhibit “A” and in the Map.
m.Management
Committee and Committee shall mean and refer to the Management Committee of
the Aix La Chapelle condominium project as it exists at any given time.
n.Percentage
Interest means and refers to the percentage undivided interest of each Unit
in the Common Areas as set forth in Exhibit “A” attached hereto.
o.Condominium
Project and Project shall mean and refer to the Aix La Chapelle Condominium
Project.
p.Rules
and Regulations means those rules and regulations adopted from time to time
by the Management Committee that are deemed necessary for the enjoyment of the
project, provided they are not in conflict with the Act or the Declaration.
q.Condominium
Unit and Unit means and refers to a separate physical part of the Property
intended for independent use, consisting of rooms or spaces located in a
building. Units are shown in the Map by single cross-hatching. Mechanical
equipment and appurtenances located within any one Unit or located without said
Unit but designated and designed to serve only the Unit, such as appliances,
electrical receptacles and outlets, air conditioning compressors and other air
conditioning apparatus, fixtures and the like, shall be considered part of the
Unit, as shall all decorated interiors, all surfaces of interior structural
walls, floors and ceilings, windows and window frames, doors and door frames,
and trim, consisting of, inter alia and as appropriate, wallpaper, paint,
flooring, carpeting and tile. All pipes, wires, conduits, or other public
utility lines or installations constituting a part of the Unit and serving only
the Unit, and any structural members of any other property of any kind,
including fixtures and appliances within any Unit, which are removable without
jeopardizing the soundness, safety, or usefulness of the remainder of the
building within which the Unit is situated shall be considered part of the
Unit.
r.Mortgage shall mean any mortgage, deed of trust
or other security instrument by which a Unit or any part thereof is encumbered.
First Mortgage shall refer to a mortgage which has a lien position prior to any
other mortgage.
s.Mortgagee
shall mean any person named as a mortgagee or beneficiary under or holder of a
deed of trust.
t.Tract shall mean and refer to the real property
hereby submitted to the Project. The property which Article II of this
Declaration submits to the terms of the Act constitutes a Tract.
II. SUBMISSION
Declarant hereby submits the following described property,
to be known as Aix La Chapelle, to condominium ownership in accordance with
appropriate Utah statutes, situate in Salt Lake County, Utah, described as
follows:
Begging at a point on the
Southerly line of 4800 South Street, said point being South 118.63 feet and
West 610.80 feet from the Northeast Corner of the Northwest Quarter of Section
10, Township 2 South, Range 1 East, Salt Lake Base and Meridian, and running
thence S 65°41’30” West along said Southerly line 190.38 feet; thence S 47° 45’
E 281.67 feet; thence S 49°09’ W 192.90 feet; thence S 43°03’50” E 89.37 feet;
thence N 48°50’ E 4.62 feet; thence S 44°E 72.32 feet; thence S 47°55’30” E
108.89 feet; thence N 49°27’ E 34.80 feet; thence S 47°45’ E 121.78 feet;
thence S 4850’ W 35.00 feet; thence S 41°10’ E 62.05 feet; thence N 48°50’ E
117.78 feet; thence S 40°45’ E 163.59 feet; thence N 48°50’ E 108.14 feet;
thence S 47°45’ E 111.28 feet to the North line of Arbor Lane; thence N
51°40’20” E along said North line 185.10 feet; thence N 46°25’ W 160.0 feet;
thence N 51°40’20” E 150.00 feet; thence N 46°25’ W 258.30 feet; thence S
52°32’ W 179.81 feet; thence N 46° 25’ W 541.55 feet to the point at the
beginning.
III. COVENANTS,
CONDITIONS AND RESTRICTIONS
The foregoing submission is made upon amd under the
following covenants, conditions and restrictions:
1. Description
of Improvements. There are 19 residential buildings with a total of 256
single family residences and 224 covered carports. The complex has a separate
boiler room housing all heating and air conditioning equipment. There is one
separate recreational building and one area located in basement of Building No.
1 designated a recreational area, both of which will be common areas. The
residential buildings are constructed of wood frames with the exterior walls of
brick and frame. One exterior unit consists of frame and marble crete.
Interiors are of wooden studs and plaster boards. The floors are wood.
The parking stalls are of wood
construction.
All other details involving the
respective descriptions and locations of the buildings and a statement of the
number of units and other like details are set forth in the Record of Survey
Map which is simultaneously herewith filed of record.
2. Description and Legal Status
of Units. The Map shows the unit and building designation, its location,
dimensions from which its area may be determined, those limited Common Areas
and Facilities to which it has immediate access. All units are residential
units. All units shall be capable of being independently owned, encumbered and
conveyed.
3. Contents of Exhibit “A.”
Exhibit “A” to this Declaration furnishes the following information with
respect to each unit:
a.
The building and unit designation.
b.
Its percentage interest.
4. Common and Limited Common
Areas. The common areas contained in the project are described and
identified in Article I of this Declaration. Neither the percentage interest
nor the right of exclusive use of a limited common area and facility shall be
separated from the unit to which it appertains; and even though not
specifically mentioned in the instrument of transfer, such percentage interest
and such right of exclusive use shall automatically accompany the transfer of
the unit to which they relate. Each unit owner shall at its own cost keep the
limited common areas designed for exclusive use in connection with his unit in
a clean, sanitary and attractive condition at all times.
5. Computation of Undivided
Interests. The percentage of undivided interests for each unit is computed
by taking as a base the value of the individual unit in relation to the value
of the property.
6. By-Laws. The By-Laws of
the association shall be the original By-Laws of the Association which are
attached hereto as Exhibit “B” and made a part of this Declaration by
reference. Said By-Laws may be amended in the manner provided in them.
7. Owners’
Easement of Enjoyment.
a.
Exclusive Use: Each unit owner shall have the exclusive use of his unit.
b.
Appurtenances: The ownership of each unit shall include, and there shall
pass with each unit as appurtenances thereto whether or not separately
described, all of the rights, title and interest including but not to be
limited to:
(1)
Common Areas and Facilities: An undivided share of the common areas and
facilities, such undivided share to be that portion set forth in Exhibit “A”
hereof.
(a)
Any Unit Owner may delegate in accordance with the By-laws, his right of
enjoyment to the common areas to the members of his family who reside with him
and to his tenants or contract purchasers who reside in his condominium.
(2)
Automobile Parking: (For private passenger automobiles only) Assigned to
the unit and exclusive right to use the same.
(3)
Easements: For the benefit of the unit.
(4)
Association Membership and interest in funds and assets held by the
Association.
c.
Easement to Air Space: The appurtenances shall include an exclusive
easement for the use of the air occupied by the unit as it exists at any
particular time and as the unit may be altered or reconstructed from time to
time, which easement shall be terminated automatically in any air space which
is vacated from time to time.
d.
Cross Easement: The appurtenances shall include the following easement
from each unit owner to each other unit owner.
(1)
Ingress and Egress: Easements through the common areas for ingress and
egress.
(2)
Maintenance, Repair and Replacement: Easements through the units and
common areas and facilities for maintenance, repair and replacement of the
units and common elements. Such access to the units shall be only during
reasonable hours except that access may be had at any time in case of
emergency.
(3) Support: Every portion of
a unit contributing to the support of the unit building shall be burdened with
an easement of support for the benefit of all other units and common areas and
facilities in the building.
(4)
Utilities: Easements through the units and other common areas for
conduits, ducts, plumbing, wiring and other facilities for the furnishing of
utility services to other units and the common areas and facilities; provided,
however, that such easements through a unit shall be only according to the
plans and specifications of the unit building unless approved in writing by the
unit owner.
NOT COMPLETE! STILL IN PROGRESS
APPROXIMATELY 1/8TH OF
ORIGINAL DOCUMENT
