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HomeMy WebLinkAboutresolution.council.145-23RESOLUTION #145 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO PARAGRAPHS 4 AND 10 OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR ISELIN PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISELIN PARK REFLECTING SAID AMENDMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. RECITALS: A. Whereas, on April 9, 2001, the City Council of the City of Aspen, Colorado did adopt Resolution No. 32, Series of 2001, approving a Declaration of Covenants, Conditions and Restrictions for Iselin Park (Declaration). B. Whereas, the Declaration was imposed in conjunction with the adoption of a PUD Plan by the City authorizing certain improvements to be made to Iselin Park, including, but not limited to the construction of the Aspen Recreation Center. A recital in the Declaration states that those proposed improvements were commonly referred to as "The Iselin Park Master Plan". C. Whereas, Paragraph 4 of the Declaration states that "There shall not be any additional buildings or structures constructed, erected, or otherwise located on the property which is not identified on the Iselin Park Master Plan in effect as of the date hereof." D. Whereas paragraph 10 of the Declaration states that "The City of Aspen agrees to keep at Iselin Park a minimum of (2) two tennis courts, which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals or modifications hereto." E. Whereas the Declaration was made on July 6, 2001, and was effective for ten (10) years, with automatic one (1) year renewals unless modified or terminated by the City of Aspen. F. Whereas, the City Parks Department has submitted a Planned Development (PD) application which contemplates certain changes be made to the improvements at Iselin Park. These changes include a reconfiguration of the racquet courts complex to accommodate both tennis and pickleball, the construction of a new entry kiosk building with restrooms at the complex, and the relocation of two existing maintenance sheds. G. Whereas; pickleball is the fastest growing sport in the United States of America, with a significant playing community and high participation rate in Aspen. H. V Whereas, there has been considerable public demand for new pickleball courts in Aspen and our community is underserved by our current public court system. I. Whereas, the proposed PD Plan for Iselin Park includes one (1) tennis court and seven (7) pickleball courts at Iselin Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Paragraph 4 of the Declaration is hereby deleted in its entirety and replaced with the following: 4. There shall not be any building(s) or structures constructed, erected or otherwise located on the Property which are not depicted on the Iselin Park Planned Development (PD) Plan, as may be adopted and as may be amended by the City of Aspen from time -to -time. 2. Paragraph 10 of the Declaration is hereby deleted in its entirety and replaced with the following: 10. The City of Aspen agrees to keep at Iselin Park a minimum of (2) two racquet sports courts (which may include, but not necessarily be limited to, tennis courts and/or pickleball courts), which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals, or modifications hereto. 3. All other terms and conditions of the Declaration of Covenants, Conditions and Restrictions for Iselin Park shall remain in full force and effect. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that it does hereby authorize the City Manager to execute on behalf of the City of Aspen the Amendment to Declaration of Covenants, Conditions and Restrictions for Iselin Park, attached hereto as Exhibit "A" and incorporated herein, setting forth such amendments. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen, Colorado on the 101h day of October 2023. Torre, Mayor I, Nicole IIenning, 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 on October 10, 2023. t Nicole Henning, City Clerk DocuSign Envelope ID: 83A740FB-65D8-4B49-9E5B-0601C293AFD7 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISELIN PARK This Amendment to Declaration of Covenants, Conditions and Restrictions for Iselin Park is effective this loth day of October 2023, and concerns the following: RECITALS Whereas, on April 9, 2001, the City Council of the City of Aspen, Colorado did adopt Resolution No. 32, Series of 2001, approving a Declaration of Covenants, Conditions and Restrictions for Iselin Park. Whereas, on October 10, 2023, pursuant to Resolution #145, Series of 2023, the City Council of the City of Aspen, Colorado approve an amendment to the Declaration of Covenants, Conditions and Restrictions for Iselin Park as set forth below. AMENDMENT The Declaration of Covenants, Conditions and Restrictions for Iselin Park (Declaration) is hereby amended as follows: the following: Paragraph 4 of the Declaration is hereby deleted in its entirety and replaced with 4. There shall not be any building(s) or structures constructed, erected or otherwise located on the Property which are not depicted on the Iselin Park Planned Development (PD) Plan, as may be adopted and as may be amended by the City of Aspen from time -to -time. 2. Paragraph 10 of the Declaration is hereby deleted in its entirety and replaced with the following: 10. The City of Aspen agrees to keep at Iselin Park a minimum of two (2) racquet sports courts (which may include, but not necessarily be limited to, tennis courts and/or pickleball courts), which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals, or modifications hereto. All other terms and conditions of the Declaration of Covenants, Conditions and Restrictions for Iselin Park shall remain in full force and effect. CITYPEN, a municipal corporation Sava G. (* By: Sara G. Ott, City Manager