HomeMy WebLinkAboutresolution.council.057-15 RECEPTION#: 620301, 05/29/2015 at
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1 OF 4, R $26.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 57
Series of 2015
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING
THE AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS
AND CONDITIONS FOR THE EDGE OF AJAX CONDOMINIUMS BY THE
CITY OF ASPEN, A COLORADO HOME RULE MUNICIPALITY
("OWNER"), FOR THE BENEFIT OF AND ENFORCEABLE BY THE CITY
OF ASPEN.
WHEREAS, Owner has purchased and owns as a result of that certain warranty deed by
and between the Edge of Ajax, Inc., and the City of Aspen, 'recorded in the real property records
of Pitkin County, Colorado, on the 24th day of January, at Reception Number 607557, the
following described real property:
CONDOMINIUM UNITS 3, 4, AND 5, EDGE OF AJAX CONDOMINIUMS,
ACCORDING TO THE CONDOMINIUM MAP RECORDED JUNE 14, 1982 UNDER
RECEPTION NO. 241947 AND AS DEFINED AND DESCRIBED IN THE
CONDOMINIUM DECLARATION. RECORDED JUNE 24, 1982 IN BOOK 428 AT
PAGE 409, COUNTY OF PITKIN, STATE OF COLORADO.
also known by street and number as: 715 East Hopkins Ave., #3, 4, and 5, Aspen, Colorado; and
WHEREAS, pursuant to a Declaration of Covenants, Restrictions and Conditions for the
Edge of Ajax Condominiums recorded in the real property records of Pitkin County, Colorado,'
on June 14, 1982, in Book 427, at Page 866, the property is restricted to use as employee housing
as described therein; and
WHEREAS,. Owner wishes to amend such declaration as it relates to the property
described above, to update and modify the restriction as set forth below.
Paragraph 2 of the Declaration of Covenants, Restrictions and Conditions for the Edge of
Ajax Condominiums is hereby deleted in its entirety and replaced with the following:
2.
a) The use and occupancy of each of the Units shall henceforth be limited exclusively to
housing for employees and their families who are employed in Pitkin County and who
meet the definition of "qualified Category 2 employee" as that term is defined by the
qualification guidelines established and indexed by the Aspen Pitkin County Housing
Authority("APCHA") on an annual basis.
b) The City of Aspen may choose the occupants of the Units. Written verification of
employment of employee(s) proposed to reside in each of the Units shall be completed
and filed with APCHA by the Owner of each Unit prior to occupancy thereof, and
such verification must be acceptable to the APCHA.
c) The maximum rental rate for employees occupying the Unit shall not exceed the
Category 2 rental rate as set forth in the Rental Guidelines established by the APCHA
and may be adjusted annually as set forth by the Guidelines.
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 consents to-and authorizes the execution
of an Amendment to the Declaration of Covenants, Restrictions and Conditions for the Edge of
Ajax condominiums by the city of Aspen, a Colorado home rule municipality ("owner"), by the
Aspen City Manager. Upon the adoption of such Resolution, this Amendment shall be recorded.
Dated: 26.May, 2015.
Steve Skadr n, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held May 26, 2015.
Q
Linda Manning, City Cler
C
AMENDMENT TO
DECLARATION OF COVENANTS, •
RESTRICTIONS AND CONDITIONS
FOR THE EDGE OF AJAX CONDOMINIUMS
THIS AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS FOR THE EDGE OF AJAX CONDOMINIUMS (the "Amendment") is made
and imposed this '7LQ day of ,.2015, by the CITY OF ASPEN, a Colorado
home rule municipality("Owner"), for the ben fit of and enforceable by the CITY OF ASPEN.
WITNESSTH:
WHEREAS, Owner has purchased and owns as a result of that certain warranty deed by
and between the Edge of Ajax, Inc., and the City of Aspen, recorded in the real property records
of Pitkin County, Colorado, on the 24`h day of January, at Reception Number 607557, the
following described real property:
CONDOMINIUM UNITS 3, 4, AND 5, EDGE OF AJAX CONDOMINIUMS,
ACCORDING TO THE CONDOMINIUM MAP RECORDED JUNE 14, 1982 UNDER
RECEPTION NO. 241947 AND AS DEFINED AND DESCRIBED IN THE i
CONDOMINIUM DECLARATION RECORDED JUNE 24, 1982 IN BOOK 428 AT
PAGE 409, COUNTY OF PITKIN, STATE OF COLORADO.
also known by street and number as: 715 East Hopkins Ave., #3, 4, and 5, Aspen, Colorado; and
WHEREAS, pursuant to a Declaration of Covenants, Restrictions and Conditions for the
Edge of Ajax Condomi i:niums,recorded in the real property records of Pitkin County, Colorado,
on June 14, 1982, in Book 427, at Page 866, the,,proncrtvji resttj,cje.4j6',use as employee housing
as described therein; and " ` `° °`"'�= a''"
WHEREAS, Owner wisho to amend, such declaration as it relates to the property
described above, to update and modify%th.&restriction as set forth below.
NOW, THEREFORE, Owner hereby amends the Declaration of;Covenants;,Restrictions_
and Conditions for the Edge of Aar.Condom iniur is as follows`.
Paragraph 2 of the Declaration of Covenants, Restrictions,and Conditions`for tl4Edge_of
Ajax Condominiums is hereby deleted in its entirety and replaced with the following:
2.
a) The use and occupancy of each of the Units shall henceforth be limited exclusively to
housing for employees and their families who are.employed in Pitkin County and who
meet the definition of "qualified Category 2 employee" as that term is defined by the .
qualification guidelines established and indexed by the Aspen Pitkin County Housing
Authority("APCHA") on an annual basis.
b) The City of Aspen may choose the occupants of the. Units. Written verification of
employment of employee(s) proposed to reside in each of the Units shall be completed
and filed with. APCHA by the Owner of each Unit prior to occupancy thereof, and
such verification must be acceptable to the APCHA.
c) The maximum rental rate for employees occupying the Unit shall not exceed the
Category 2 rental rate as set forth in the Rental Guidelines established by the APCHA
.and may be adjusted annually as set forth by the Guidelines.
Pursuant to Paragraph 5 of the DECLARATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS FOR THE EDGE OF AJAX CONDOMINIUMS, the Amendment shall only
become effective upon the adoption of a Resolution of the Aspen City Council consenting to and
authorizing the execution of this Amendment by the Aspen City Manager. Upon the adoption of
such Resolution, this Amendment shall be recorded.
IN WITNESS WHEREOF, the City of Aspen, by and through its City Manager, has executed
this instrumenron the day and year above first written.
CITY OF ASPEN:
Steve arwick, City Manager
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instr Wents cknowle�Adg d before me this -1 AL day of
MOW 2015, by &Y�I -
WITNESS MY HAND AND OFFICIAL SE Lyy
TARA L. NELSON
NOTARY PUBLIC
STATE I COLORADO
NOT ID 20014030017
my:
Y COMMISSION EXPIRES 09/26/2017
Notary Public