Loading...
HomeMy WebLinkAboutcoa.lu.co.777 Castle Creek Dr.0046.2015.ASLU0046.2015 ASLU 777 AND 787 CASTLE CREEK DRIVE 7 /-,> 7 /1 S- ScaN A �d CfG C� C�] fwtnv _ r 0 0 7Lj7 W�-� THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: 0046.2015.ASLU PARCEL ID NUMBERS: 2735-122-34-001 2735-122-34-002 PROJECT ADDRESS: 777 & 787 CASTLE CREEK DR PLANNER: CRIS BENDON CASE DESCRIPTION: RELEASE OF DEED RESTRICTION REPRESENTATIVE: AVALANCHE EAGLE PINES J. BART JOHNSON DATE OF FINAL ACTION: 05/04/2015 CLOSED BY: ROBERT GREGOR ON: 06/02/2015 • Permits O© c.(- () • 20 GJ - P�-Lq File Edit Record Navigate Form Reports Format Tab Help ,x J- I jump 1 � Main Custom Fields Royting Status � sun�x �8� I RoutNg ��ry Q o Permit type Aspen Land Use perrnft t 0036 2015 ASLU Address 1777 CASTLE CREEK DR Apt/Suite -1 o city ASFEtI State C= Zip 31 11 o Permit Information Master permit Routing queue aslul5 Applied 06 03 2i 1i Project Status pending Approved Description APPLICATION FOR DEED RESTRICTION FOR 777 AND 787 CASTLE CREEK DRIVE issued C NO FEES Dosed/Final Submitted ICHRISBENDON Oodt Running pa Expires 0 02'2L''1f Submitted via Owner Last name WALL First name JCWLES R 188 E 70TH ST NEW YORK NY 10021-5170 Phone (970)925-2417 Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name CITY OF ASPEtI First name 801 CASTLE CRK PEN CO 81611 Phone i ) Cust # 10786 Address Email Lender Last name First name Fhone ( 1 Address AspenGo1d5 (server. angelas _ 1 of 1 ... gaCl- 0 • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION Castle Creek Drive Townhomes Condominiums (777 and 787 Castle Creek Drive) JURISDICTION: EFFECTIVE DATE: APPROVED BY: City of Aspen 2015 4Cis &Bendon. AICP Community Development Director Purpose: The Community Development Director is issuing this Administrative Determination to specifically waive and release a burden and restriction placed on the Castle Creek Drive Townhomes Condominiums located on Lot 10, Castle Creek Subdivision, and having a street address of 777 and 787 Castle Creek Drive, Aspen, Colorado (the "Property"). Background: In 1993, the Property was burdened with a rental restriction (for the benefit of the City) that restricted rental of units to six month minimum leases, with no more than two shorter term leases per year in accordance with then -existing Municipal Code Section 24-7-1007A.1.b. The rental restriction is set forth in Section (2) of the Statement of Exemption from Full Subdivision Process and Subdivision Agreement for the Property recorded July 13, 1993 in Book 717 at Page 533 as Reception No. 358703 of the Pitkin County Records ("Subdivision Agreement") and in the Six Month Minimum Lease Period Deed Restriction recorded July 13, 1993 in Book 717 at Page 531 as Reception No. 358702 of the Pitkin County Records (the "Deed Restriction"). Previously existing Code Section 24-7-1007A.1.b imposed rental restrictions on condominiums but not on similar structures that were not condominiumized. Such Municipal Code Section 24-7-1007A.1.b is no longer in existence and Section 38-33.3- 106, Colorado Revised Statutes, prohibits imposition of a restriction on a structure because of the nature of the ownership of the structure as a condominium. Pursuant to Section 3 of the Deed Restriction, the above -described rental restriction shall be vacated at the owner's request if the sections of the Aspen Municipal Code under which the restriction was imposed are eliminated. Pursuant to Section 26.480.090.A of the City of Aspen Land Use Code, the City shall extinguish its interest and void the deed restriction, at the property owners request, by issuance of a written determination by the Community Development Director. Determination: In accordance with the procedures, standards and limitations of Title 26 of the Aspen Municipal Code, this Administrative Determination acknowledges that the City agrees it will not enforce and hereby waives any right to enforce Section (2) of the Subdivision Agreement and agrees that the Deed Restriction is terminated and released. tA0070776 / 2 I RECEPTION#: 619610, 05/07/2015 at 12:22:49 PM, 1 OF 1, R $11.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO • • Chris Bendon From: J. Bart Johnson <johnson@wcrlegal.com> Sent: Monday, May 4, 2015 10:48 AM To: Chris Bendon Cc: Ben Genshaft; Chip Whipple; Winter Subject: RE: Request for Release of 6-month Rental Restriction - 777 and 787 Castle Creek Drive Looks good Chris. Many thanks. --Bart -----Original Message ----- From: Chris Bendon[mailto:chris.bendon@cityofaspen.com) Sent: Monday, May 04, 2015 10:40 AM To: J. Bart Johnson Cc: Ben Genshaft; Chip Whipple; Winter Subject: RE: Request for Release of 6-month Rental Restriction - 777 and 787 Castle Creek Drive Bart. This looks good. I added one sentence at the end of the background paragraph. If you are okay with the change I will send this for recording. -----Original Message ----- From: J. Bart Johnson [mailto:johnson@wcrlegal.comj Sent: Tuesday, April 28, 2015 10:48 AM To: Chris Bendon Cc: Ben Genshaft; Chip Whipple; Winter Subject: Request for Release of 6-month Rental Restriction - 777 and 787 Castle Creek Drive Chris, I represent Avalanche Eagle Pines, LLC ("AEP"). I also have a Power of Attorney from AEP to act on its behalf. The Power of Attorney is attached. AEP owns the two duplex units located at 777 and 787 Castle Creek Drive at the corner of Cemetery Lane and Castle Creek Drive. The Warranty Deed confirming this ownership is attached. This duplex condominium was approved through a subdivision exemption application in 1993. At that time, the City imposed a 6-month rental restriction on such duplex condominiums, as reflected in the attached Statement of Exemption and Deed Restriction. Pursuant to Section 3 of the Deed Restriction, the City agreed that the 6-month rental restriction would be vacated at the owner's request if in the future the City's Municipal Code was amended to eliminate the rental restriction requirement. Because the Aspen Municipal Code no longer imposes a 6-month rental restriction on duplex condominiums, AEP is requesting that the 6-month rental restriction be terminated. Based on a prior conversation we had when AEP acquired these units, I have prepared for your consideration a proposed form of Administrative Determination. This proposed form is based on a sample you emailed to me. Please let me know if you have any questions or require any additional information. Thanks very much. Best regards, • --Bart J Bart Johnson Attorney at Law Main 970-544-7006 1 Direct 970-544-4602 1 Fax 866-492-0361 JOHNSON@WCRLEGAL.COM I WCRLEGAL.COM 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 This email message is for the sole use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. Tax advice set forth herein is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer or (ii) promoting, marketing or recommending to any other party any transaction or matter addressed herein. �.y 7i>,,'y)! 1b:-�� r.y t.. 't%f ° y 4 qe•y * Nlffi 4358702 07/13/93 10:19 Rec $10.00 13K Silvia Davis, Pitkin Cnty Clark, Doc S100PG �1 z: 1 y. '' .. SIX MONTH MINIMUM LEASE PERIOD" i DEED RESTRICTION FOR THE PURPOSE OF COMPLIANCE WITH CONDITIONS 7 `' ' REQUIRED BY EXEMPTION FROM SUBDIVISION PURSUANT TO ASPEN MUNICIPAL CODE SECTION 24-7-1007A.1.B. THIS SIX (6) MONTH MINIMUM LEASE PERIOD DEED RESTRICTION is made and entered into this 1aj_ day of July, 1993, by DOUGLAS P. ALLEN and MARVIN O, BURTON ('Covenantors') for themselves, their successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal corporation. WHEREAS, Covenantors own that parcel of real property located at 777 and 787 Castle Creek Drive, City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 10, Castle Creek Subdivision, County of Pitkin, State of Colorado upon which is situated a duplex, with two (2) condominium units described as Castle Creek Drive Townhomes; and WHEREAS, Covenantors have requested an exemption from the full subdivision process s x: t_• pursuant to § 24-7-1007 of the Municipal Code of the City of Aspen for condominiumization of °' f t., y an existing structure at the above -described location; and : WHEREAS, Covenantors agree to accept and impose certain conditions on the use and occupancy of these condominium units as required by exemption from subdivision pursuant to ' Aspen Municipal Code § 24-7-1007A.Lb NOW, THEREFORE, in consideration of the mutual covenants contained herein with the approval and acceptance by the City of Aspen, the Covenantors hereby covenant and agree as follows: � k; 1, The above described 777 Castle Creek Drive Townhome shall be restricted to a ' A minimum lease: period of not less than six (6) months except for two (2) shorter lease periods` per year. r 2. The ;above -described 787 Castle Creek Drive Townhome shall be restricted to a . +. minimum lease period of not less than six (6) months except for two (2) shorter lease periods per year. 3. In the event amendments to those sections of the Municipal Code under which Covenantors' condominization application is approved or enacted which extinguish the requirement for this deed restriction, then Covenantors shall receive the benefit of such "1e' amendments and this deed restriction as originally imposed shall be vacated at Covenantors' request. a, The provisions of this Agreement shall run with and constitute a burden on the & property and shall be binding on and inure to the benefit of Covenantors and their successors and assigns and to the City, its successors and assigns. [ r , er ;�a RECEPTION#: 604907, 10/22/2013 at 11:48:42 AM, 1 OF 2, R $16.00 DF $0.00 Doc Code POA Janice K. Vos Caudill, Pitkin County, CO POWER OF ATTORNEY Know All Persons by These Presents, that AVALANCHE EAGLE PINES, LLC, a Colorado limited liability company (the " CorrrpanTy "), hereby makes, constitutes and appoints J. BART JOHNSON as its true and lawful attorney -in -fact with full power and authority to act in its name and on its behalf with respect to the following subjects: To take any and all actions and to execute and deliver any and all documents, agreements, instruments or other writings, as may be necessary, incidental, or desirable in connection with the purchase, financing, refinancing and development of that certain property in the City of Aspen, Pitkin County, Colorado, more particularly described on Exhibit A of this Power of Attorney, includinb, without limitation, contracts, settlement statements, indemnity agreements, deeds of trust, promissory notes, security agreements, loan agreements, affidavits, indemnities, assignments and amendments to any such documents, agreements, instruments or other writings. The Company hereby ratifies, confirms and approves each and every act of said attorney -in -fact taken in conformity with this Power of Attorney. This Power of Attorney shall be effective until revoked in writing, such revocation to be delivered to the attorney -in -fact named above. Everyone dealing with said attorney -in -fact shall be entitled to rely upon the certificate of such attorney -in -fact to the effect that his power is in effect and has not been revoked. In witness whereof, the Company has executed this Power of Attorney on this &',_ day of October, 2013. AVALANCI JE EAGLE PINES, LLC, a Colorado limited liability company U. Whipple, Mager STATE OF d r�IVA:A< _ ) is: COUNTY OF /J /?f(14`) ) The foregoing instrument was acknowledged before me tliis j� day of October, 2013, by Ralph U. Whipple, as the Manager of Avalanche Eagle Pines, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public t A00270691 1 1 MIRTA TANJELOFF Notary Public, State of New York No. 30-4722634 Qualified in Nassau County Commission Expires 4 EXHIBIT A Legal Description PARCEL A: Unit 777, CASTLE CREEK DRIVE TOWNHOMES, according to the Condominium Map thereof recorded July 13, 1993 in Plat Book 32 at Pages 12 & 13 and as further defined and described in the Condominium Declaration for Castle Creek Drive Townhomes recorded July 13, 1993 in Book 717 at Page 504, Pitkin County, Colorado. PARCF,I, B: ?nit 787. CASTLE CREEK DRIVE TO", HOME.S, according to the Condominium Map thereof recorded July 13, 1993 in Plat Book 32 at Pages 12 & 13 and as further defined and described in the Condominium Declaration for Castle Creek Drive Townhomes recorded July 13, 1993 in Book 717 at Page 504, Pitkin County, Colorado. COUNTY OF PITKIN, STATE OF COLORADO AG027069/ 1 I A-1 � a �' ,�����a��•-�`�9�'s: � ram.. �� � � ;� �,;�'�"`: k3W703 07/13/93 10.19 Rec $20.00 SY, 717 PG 333 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Recorded at o'clock M. Reception No. Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Douglas P. Allen, Esq. 600 East Hopkins, Suite 302 Aspen, Colorado 81611 STATEMENT OF EXEMPTION FROM FULL SUBDIVISION PROCESS AND SUBDIVISION AGREEMENT -> FOR THE PURPOSE OF CONDONEM U MZATION OF AN EXISTING STRUCTURE ON LOT 10, CASTLE CREEK SUBDIVISION WHEREAS, Marvin O. Burton and Douglas P. Allen ("Applicant") are the owners of a parcel of real properly in the C4 of Aspen, Pitkin County, Colorado, described as follows: Lot 10, Castle Creek Subdivision, County of Pitkin, State of Colorado also known as 777 and 787 Castle Creek Drive, Aspen, Colorado and WHEREAS, the foregoing. Property contains a duplex building with an accessory dwelling unit; and WHEREAS, Applicant has requested an exemption from the full subdivision process f h • 1 Cod f th C't f A f dominiumization of A. , f pursuant to § 24--1007 o t e Muc,pa e o c t y o spen or con 7 m .`-` an LAisting structure at the above -described location; and tiT WHEREAS, the Aspen City Council determined at its regular meeting held on June 28, 1993, that such exemption was appropriate and granted the same pursuant to Ordinance No. 33 %Y (Series of 1993), subject, however, to certain conditions as set forth below; and p, WHEREAS, a Subdivision Exemption Agreement is required between the Applicant and the City of Aspen ("City") binding the Applicant and Property to all conditions placed upon the approvals for the subdivision as set forth in § 24-7-1005 of the Municipal Code of the City of Aspen; and i• Agreement the WHEREAS, the City is willing to approve and execute this and corresponding plat for the subject property in exchange for Applicant's promises and .. �,j,R..p.,�...h-...-�.�.^nrY....ugyv.-.•w..wr:.n.�.;a•rnawY...w:.�Mr1..:ti•...Y+x.rv..n:�....,�fii•/'71y7,1•F;M`M:--04T +•V I.•-PoC.cSM'i .Cv.a.an..-.__' � /. �c:. _, . 0 .. �' � pnt. +�•��S�Yr r�%�5; ; T. � !�6r'` 3�h, � ,���ia- � i, i N358703 0;/13/93 10,19 Rec ;,2o.00 9K 717 P7 334 Silvia Davis, Pitkin Cnty Clerk, Doc s.00 performance adhering to the terms and conditions contained herein and those ocher applicable s Ft irk ordinances and regulations as contained in the Municipal Code. ' t{ NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the plat for recordation by the City of Aspen, it is agreed` as follows: (1) The Applicant shall file a Condominium Plat to be reviewed and approved by the rc s k Engineering Department. (2) Prior to filing the Condominium Plat, the Applicant shall deed restrict each of the a i condominiumized residential units to a 6-month minimum lease, with no more than two shorter tenancies per year. Such deed restriction shall be in a form satisfactory to the 1 City Attorney and shall be executed and recorded at the lime of execution and i recordation of the Plat. In the event amendments to those sections of the Municipal Code under which Applicant's condominiumizalion application was approved are enacted which eliminate the condition of approval relevant to the deed restriction as described in this paragraph, then Applicant shall receive the benefit of such amendments and the deed restriction as originally imposed shall be vacated. (3) A final inspection of the accessory dwelling unit shall be conducted to confirm that 3}' the accessory dwelling'unifcomplies with APCNA guidelines. (4) The Applicant shall agree to Join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way .= benefitirt the subject property. w (5) Applicant shall record with the Pitkin County Clerk and Recorder contemporaneously herewith, that certain "Condominium Declaration' for Castle Creek Drive Townhomes c- dated Jul' 1993, attached hereto. Qy Y 1 (6) Applicant shall comply with the restrictions as contained in the Condominium Declaration. (7) Applicant shall comply with all provisions contained herein and all material representations made during public hearings before the City Council. (8) The provisions of this Agreement shall run with and constitute a burden on then. ' — - 2. 'a .. property and shall be binding on and inure to the benefit of Applicant and Applicant's successors and assigns and to the City, its successors and assigw. (9) This Agreement may be altered or amended only by written instrument executed by= all parties hereto with the same formality as this Agreement is executed. r. -2- q. .`..iw..,rK3.s..rw� -, �4..w-wa.w1•.Hrawtw.r..w-.+.+...n�r.+v—..-•..� •-•••T.��3,Ti 1 ` 1'. Y • ,s. _ 4 a #358703 07/13/93 10:19 Rec $20.00 BK 717 Pp Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (10) 1f any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. (11) This Agreement shall become effective upon the date of the last signature set forth below. CITY OF ASPEN 1: — " ay ZW ; kayo f�tto-T�1.{ Date Sluly 1993 Date: July _�_, 1993 APPROVED: ��Yi- Cti Edward M. Caswall,City. Attorney , Date: JulyjR 1993 1, Kathryn S. Koch, do certify that the foregoing Statement of Subdivision Exemption for condominimnizalion of Castle Creek Drive Town homes was considered and approved by the .Aspen City Council at its regular meeting held _ 1993, at which time the Mayor was authorized to execute the sa&Won behalf of the City of Aspen. Kathryn S K City Cl k (Acknowledgements on Following Page) �e-s wiNf`^,•anas�pgR«`.w.v-vr,Jc.a,^aY.�Y�-i��••4•Ji�i�':4 nti.�.5.-�S'4Yr--Y}+AWfi•MUAtF:.Yh�..�. '4.6:d A..o.K+�- .,,�.a �j,ll- 4 � ilk ' M358703 07/13/93 10:19 Rer $20.00 BK 717 PG 536 Silvia Davis, Pitkin Cr.tY Clerk, Doc s.00 ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Subdivision Exemption Agreement for Castle Creek Dri Townhomes was acknowledged before me This _L day of July, 1993, by i"rt`$y{ayor of Aspen, Edward M. Caswall, Aspen City Attorney, and Kathryn S. Koch, Aspen City Clerk. Witness my hand and official scal. ' Iyrwp-mission expires: 1�O-*-+-,,,Yj . otary blic �c:ir�•° Address: STATE OF COLORADO - ) )ss COUNTY OF PITKIN The foregoing SubdivisionExemption Agreement for Castle Creek Drive Townhomes was acknowledged before me this _ day of July,41993', by Marvin O. Burton and Douglas P, Allen. Witness my hand and official seal,. My commission expires; q lay i ti L N . Public "d0 :' r �a Address: (�O�) E >,.nia7.oro"