HomeMy WebLinkAboutresolution.council.082-09RESOLUTION NO. ~~
(Series of 2009)
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, ACCEPTING AN
AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF BURLINGAME RANCH AFFORDABLE
HOUSING SUBDIVISION
WHEREAS, at a duly called meeting of the homeowners' association convened on
September 30, 2009, at which a quorum was present, the Boazd of Directors
recommended the adoption of an amendment to the Declaration Of Covenants,
Conditions and Restrictions of Burlingame Ranch Affordable Housing
Subdivision (hereinafter "Declarations"); and
WHEREAS, the amendment proposed to amend Article XII, Section 6(d) for a
specific limited time with regard to the vote required to increase units and with
regard to the voting limitations set forth within Article II, Section 2, of the
Declarations; and
WHEREAS, the proposed amendment was presented to the Homeowners for
vote pursuant to Article XII, Section 6(a); and
WHEREAS, pursuant to such vote, ninety-two (92) unit owners voted in favor of
the amendment, one (1) unit owner opposed the amendment. Of those votes,
eighty (80) of the multi-family units casts votes in favor of the amendment with
none (0) opposed and twelve (12) of the single family units casts votes in favor of
the amendment, with one (1) opposed. Pursuant to Article XII, Section 6(a) and
Article II, Section 2, of the Declarations and state statute, this amendment passed;
and
WHEREAS, pursuant to Article XII, Section 6(a) of the Declarations, such
amendment must be approved by the City of Aspen; and
WHEREAS, pursuant to Article XII, Section 6(c) of the Declarations, such
amendment must be recorded within the real property records of the County of
Pitkin, State of Colorado. A copy of the amendment for recording is attached
hereto as Exhibit "A".
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby accepts and approves the
amendment to Article XII, Section 6(d), of the Declaration of Covenants,
Conditions and Restrictions of Burlingame Ranch Affordable Housing
Subdivision set forth below, as approved by the unit owners of Burlingame Ranch
Affordable Housing Subdivision at a duly called meeting of the unit owners held
on September 30, 2009:
Article XII, Section 6(d), is hereby amended by adding the
following sentence at the end of the section:
Notwithstanding the limitations set forth herein, on or
before November 30, 2009, the provision of the Declaration
that defines the number of Units that may be created,
Article I, Section 32, may be amended to increase the
number of units that may be created by a vote or consent of
sixty-seven percent (67%) of the Owners, not including the
Declarant. Thereafter, the consent required for such
amendment shall be unanimous. In addition, any vote on
the increase in the number of units prior to November 30,
2009, shall not be subject to the limitation of Article II,
Section 2, which restricts the multi-family units to forty-
nine percent (49%) of any vote of the association.
Dated: October 13, 2009.
>o-ZU- 09
Mi ae reland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution ad to by the City Coun~l
of the City of Aspen, Colorado, at a meeting held „ /~ ~i~
2009.
<~`~~7
Kathryn S. Kochs'Qity Clerk