HomeMy WebLinkAboutExhibit B_Original ADU Deed Restriction#346778 07/15/92 ztj:39 I,ec $1.5.00 BK 683 PQ 592
Silvia Davis, Pitkin Ciity Clerk:, Doc $.00
ACCESSORY DWELLING UNIT DEED RESTRICTION
d1Cnr,0,gzE— nTjR.1U W1. mnORDINANCE 60 (CO ACC TN -FILL)
AND SECTION 5-508 OF THE ASPEN CITY LAND USE CODE.
AND RESOLUTION #92-11
THIS ACCESSORY DWELLING UNIT D ED RESTRICTION is made and
entered into this 114 4J,- day of 1992, by Paul E. Penn and
Susan W. Penn, ("Coventor") for themselves, their heirs, successors
and assigns, for the benefit of the City of Aspen, Colorado, a
municipal corporation, and the Asper./Pitkin County Housing
Authority, a multi -jurisdictional housing authority established
pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
recorded in Book 605 at Page 751 of the records of the Pitkin Clerk
and Recorder's office ("Authority").
WHEREAS, Coventor owns that parcel of teal property located at
134 E. Blesker Street, in the City of Aspen, County of Pitkin,
Colorado, more specifically described as Lot S and the East 1/2 of
Lot R, Block 65, City and Townsite of Aspen, upon which is situate
a single family home to contain a detached carriage house ,,Iith a
307 net livable square foot studio accessory dwelling ,snit
("Unit"); and
WHEREAS, Coventor agrees to accept and impose certain
conditions on its use and occupancy of the Unit as an accessory
dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained herein, the Owner hereby covenants and agrees
as follows:
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
"resident -occupied" dwelling units.
2. Coventor need not rent the Unit, however, when rented,
only qualified residents, as defined in the hosing
guidelines, shall reside therein and all rental terms shall be
for a period of not less than six (6) consecutive months.
Coventor shall maintain the right to select the qualified
resident of its own choosing when renting the Unit. An
executed copy of all leases for the Unit shall be submitted to
the Authority within ten (10) days of the approval of a
qualified resident.
3. The covenants and limitations of this deed restriction
shall run with and be binding on the land for the benefit of
the City of Aspen a_Ed the Authority, either oL whom may
enforce the provisions thereof through any proceedings at law
N or in equity, including eviction of non -complying tenants.
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4346778 07/15/92 1 3:39 kac $15.00 BK: 6133 FC 593
Silvia Davis, Pitk:in Cnty Clerk, Doc: $.UCH
4. It is understood and agreed by the Coventor that no
waiver of a breach of any term or condition as contained in
this deed restriction shall be construed to be a waiver of any
breach of the same or other term or condition, nor shall
'i failure to enforce any one of the terms or conditions, either
by forfeiture or otherwise, be construed as a waiver of any
term: or condition.
IN WITNESS HEREOF, Coventor have executed this Deed
Restriction on the date as described above.
O NTOR:
cy
aul i. Penn
�/ v ..en.
Susan W. Penn
Mailing Address:
9505 Copley Drive
Indianapnlis, Indiana 46260
STATE OF INDIANA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this.;`(%)
dar, 1992, by Paul E. Penn and Susan W. Penn.
eSS`my hand and official seal.
WI�E�• W
My commission expires:
Notary Public
DEBBIE C. COONEY, Notary Public
My Commission Expires: 2-12.94
County of Residence; Marion
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#346772 07/15/92 15:39 Rec $15.00 8K. 683 F°C 594
Silvia Davis, Pitkin Cnty Clerk:, Doc S.00
ACCEPTANCE BY THE MOUSING AUTHORITY
The foregoing deed restriction and its terms are accepted by
the Aspen/Pitkin County housing Authority, this = day of June,
1992.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By : a. a, - b ,� " A N —
Saul Barne.:t, Chairman
Mailing Address:
50 T.ruscott Place
Aspen, Colorado 81611
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )�
The foregoing instrument was acknowledged before me this 2-
day of June, 1992, by Saul Barnett as Chairman of the Aspen/Pitkin
County Housint, Authority.
u-L) WXTNESS my hand and official seal.
....
commission expires • 1,
oa
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Q�`'.• n•
Notary Public
APPROVED AS TO CONTENT:
Thomas enton S 'th
Attorney for the Aspen/Pitkin
County Housing Authority
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