HomeMy WebLinkAboutcoa.lu.co.Cooper Apartments 410 S West End St.A052-982737-182-91006
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A52-98
Cooper Apartments-Condominiumization
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A052-98
2737-182-91006
Cooper Apartments Condominiumization
410 S. West End Street
Bob Nevins
Condom iniumization
Eugene Law
Eugene Law
Plat Recorded
12/27/01
J. Lindt
0
EL ID:12737-182-91006 1 6/26/98 1®1 I IA052-98
CASE NAME]Cooper Apartments Condominiumization J�Bob Nevins
PROJ ADDR: 410 S. West End Street CASE TYP:' Condominiumization STEPS:
OWN/APP:1 Eugene Law ADR 0767 Mountain Laurel C/S/Z: jAspen, CO 81611 PHN:' 925-6129
REP: Eugene Law ADR: C/S/Z: PHN
FEES DUE: FEES RCVD: STAT: f
REFERRALS
REV BODY PH
REMAR
DATE OF FINAL ACTION:
CITY COUNCIL:'
PZ:
CLOSED: 12/27/01 BY: J. Lindt BOA.
DRAC:'
PLAT SUBMITD:��� PLAT (BK,PG): (48, 6-7) ADMIN: Plat Recorded ��
TRANSMITTAL MEMORANDUM
To: David McBride, PLS, & Eugene Law, Owner (by U.S. Mail)
Thru: 1,-13ob Nevins, Long Range Planner
From: Ross C. Soderstrom, Project Engineer^rj
Date: July 31, 1998
Re: Cooper Apartments Condominiums Plat
Physical Address: 410 S. West End Street, Aspen, CO 81611
Parcel No(s).: N/A
No. of Sheets in Plat/Map: 2 — 0 N ! y ! 7i St4E67 R E-n* AXeD FAQ 601Ee,71*5
These are the items remaining to be completed:
Make corrections indicated on plat / map
Set & flag survey monuments for field verification. Have representative / surveyor call me (920-5087)
to schedule field verification after setting & flagging monuments.
Include complete descriptions of all monuments found or set
Provide basis of bearings, per State Board of Registration Policy
Complete / correct legal description of parcel(s), easements, etc. including acreage to 1/1,000 Ac for entire
development and each lot, parcel, outlot, tract, etc.
Provide 100 Yr. Flood Plain delineation; flood study information and date; datum and reference benchmark
identification and elevation
Complete / correct legend and symbols
✓ Include attached notes to plat / map
Revise certificates / signature blocks as indicated
Depict easements with dimensions and recording information
Complete right-of-way information: dimensions
r/ Other: o0,057" rArb ZZ) RNA `iN6 AMACE5 ArlWA -26 ✓5 , ST.A77 (o
10- 3M " UEy//C/6s / J6r7 6.6wne 7moy /¢ FT L.49 G "
re ' a
Re -submit copies of sheets of plat / map
for review before preparing record copies for recording
Submit two (2) complete final, record copies on mylar or velum for recording. Include check payable to
Pitkin County Clerk & Recorder for the recording fees for one (1) complete copy of the plat /
map (second copy remains in files of City Engineering Dept.).
_ 8 1/2" x 11": agreements, etc. first page - $6.00, additional - pages $5.00
larger than 8" x 14" - plats: first sheet- $11.00, additional sheets - $10.00
larger than 8" x 14" - surveys: first & additional sheets - $20.00 each
Other: verify with Pitkin County Clerk & Recorder for recording fee schedule
DRCM 1998. DOC
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J U L 1 0 1998
July 9, 1998
COMMUNITY DE\'E40PMENT
Mr. Eugene Law
0767 Mountain Laurel Drive
Aspen, CO 81611 THE CITY OF ASPEN
Subject: Assessment for Public Improvements
Dear Mr. Law:
In reviewing the condominium plat (draft) and associated agreements for the Cooper Apartments
Condominiums, we have noticed that the agreement for condominiumization (Statement of Exemption from
the Definition of Subdivision) recorded in Book 354, page 978, on September 18, 1978, includes a condition
that this property will pay its proportionate share of the cost of public improvements along the East Cooper
Avenue frontage when such improvements are made. In 1996 the City constructed curb, gutter and sidewalk
along E. Cooper Avenue, without the formation of an improvement district, although this property was not
assessed its proportionate share of the cost at that time. A copy of the Statement of Exemption is enclosed
for your reference.
We have calculated the proportionate share of the cost for these improvements to be S 6,401.83 for this
property based upon the cost of the improvements and the width across the E. Cooper Avenue frontage of
this property. This letter serves notice of assessment for these improvements and the full amount of the
assessment is due in sixty days (60) after which time it will become a lien against the property. A check in
payment of this amount, made out in the name of "City of Aspen" should be delivered to the City Engineer.
The review, approval and recordation of the condominium plat will continue independent of the assessment
for the public improvements.
Very Truly Yo
,c �J
Ross C. Soderstrom
Project Engineer
Attachments: Statement of Exemption from the Definition of Subdivision
(Cooper Apartments Condominiums)
Calculations for Cost of Frontage Improvements for Cooper Apartments Condominiums
PC: Stan Clauson, Community Development Director, w/ attachments
Nick Adeh, City Engineer, w/ attachments
John Worcester, City Attorney, w/ attachments
Tabatha Miller, Finance Director, w/o attachments
w4o-b Nevins, Long Range Planner, w/ attachments
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 970.9205000 • FAx 970.920.5197
Pnnted on Receded paper
9
' r:.corded at 2:1U P. t H, •`ccpri.n Su: •..l)i Z'i•-
P 197R l.uretta Banner Rec�,rder
mm354 m&F978
iTATEMENT OF
rROM THE DEFINITION OF ;JBUIVISION
WHEREAS, CLENN EUGENE LAW is tnc lwner of a parcel of land
located in Pitkin County, Colorado, mor, particularly described
as:
Lots A and 9
Block 118
City and Towr.site of Asper.
WHERE''J, t:ie applicant has a- existing fiveplex located
on ;aid property, .and
WHEREAS, applicant has requested an exemption from the
definition of subdivision for �'-e purpose o'- subdividing the
e::istinq fiveplex through condominiumization, and
W�±EREAS, the Aspen Plum-i-ng and Zoning Commission, at its
meeting :geld CL.� •• 1974 determined that 3n exemp-
tion from the def-motion of subdivision is appropriate and recom-
mended that t::e same be 3r,4ntAd, .and
WHEREAS, the City Cou-icil determined that the ubdivtsion
of the _xisting fiveplex through condominiunization is aot within,
the intent and purpose of the .;ubdivision ordinance -set forth in
Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City council of Aspen,-olorado does hereby.
determine that the propnsed subdivislion f the five-':2x located
on said property by its condominiums ation is not within the
intents and purpose of the z:--bdivisi n ordinance and does, for
such reason, arait an exemption from tie definition cf such
action,
PROr-Z:D, HOWEVER, that the roregoina exemption is condi-
tioned upon compliance with the 13ptioninotice/right of first
refusal/lease term/time to locat, other housing provisions LI
Sec. '^-22 of the Municipal Code.
PROVIDED, TURTHER, that the foregoing exemption is condi-
tinned upon applicants agreeing to join in any improvement
district for cOn!struction of street improvements (including
curbs, gutters, sidewalks) on Cooper Street or to reimburse the
Vity directly if it should choose to construct these improvements
ViL.hout formation of such a district, and applicant's agreeing
to join any improvement district faw ;ire drainage aar3 urde-_
./
;round at i 1 i ties i a¢rc .__%_ ��
'�
10 or
I, Kathryn S. Koch, do ter Jy certi�hat the foregoing
Statement of Exenpticn from the C4 inition of Subdivision was
considered and a!�proved by the Aspen City co-jrcil meeat its regular
: ing held•-,.�� ,�G — i978 , at which time the
j
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_ 3%954 mu979
Mayor, Stacy Standley I!I, was authorized to execute the same on
behalf of the City of Aspen.
xatf = noc'ii, City. Clerk
J
STATE OF COLOPADO ) '^
Ss.
COUNTY OF PITKIN )
�he foregoing war, acknowledged before me this /SS day of
1978 by Stacy Standley III ana Kathryn S. Kochi, personally
Known to me to be the Mayor and City Clerk, respectively, of the
City of ?aspen.
Witness my hand ana official seal.
Hy commission expires:
i_ C. ; ic
c
�
Notary Pub • r� r
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THE CITY OF ASPEN
PUBLIC WORKS & ENGINEERING
(! ,t- 5L ZUC71-10 =05
SHEET NO.
OF
CALCULATED 8Y l�J UC
1� a
+1 M A DATE 7 —
CHECKED 8Y
DATE
cent F
0 ad. 04
m ?
T�s N A Dv ErtTmis ,l c-D
.................. .
PRM,CT Z04-1 ,s," ]tlmI 2y, i IPd00tl1(_/d)m. foEl Elm 01471 To GMRgNE rDI1 OFF 1 �BOo-736180
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XI `�I. a iY W �l flu [G :7_ " Illlu l
To:
David McBride, PLS, (for applicant)
Thru:
&4ob Nevins, Long Range Planner
From:
Ross C. Soderstrom, Project Engineer A0
Date:
July 1, 1998
Re:
Cooper Apartments Condominiums Plat
Physical Address: 410 S. West End Street, Aspen, CO 81611
Parcel No(s).: N/A
No. of Sheets in Plat/Map: 2
These are the items remaining to be completed:
✓ Make corrections indicated on plat / map
J U L 1 0 1998
harts', i . .
COMMUNITY DEVELOPMENT
Set & flag survey monuments for field verification. Have representative / surveyor call me (920-5087)
to schedule field verification after setting & flagging monuments.
Include complete descriptions of all monuments found or set
Provide basis of bearings, per State Board of Registration Policy
Complete / correct legal description ofparcel(s), easements, etc. including acreage to 1/1,000 Ac for entire
development and each lot, parcel, outlot, tract, etc.
Provide 100 Yr. Flood Plain delineation; flood study information and date; datum and reference benchmark
identification and elevation
Complete / correct legend and symbols
f✓ Include attached notes to plat / map
Revise certificates / signature blocks as indicated
Depict easements with dimensions and recording information
Complete right-of-way information: dimensions
Re -submit (___) copies of sheets of plat / map
for review before preparing record copies for recording
Submit two (2) complete final, record copies on mylar or velum for recording. Include check payable to
Pitkin County Clerk & Recorder for the recording fees for one (1) complete copy of the plat /
map (second copy remains in files of City Engineering Dept.).
_ 8 1/2" x 11": agreements, etc. first page - $6.00, additional - pages $5.00
larger than 8" x 14" - plats: first sheet - $11.00, additional sheets - $10.00
larger than 8" x 14" - surveys: first & additional sheets - $20.00 each
Other: verify with Pitkin County Clerk & Recorder for recording fee schedule
DRCM 1998.DOC
'.�t.
' 97 mwi'09
` 48[
CONDO IINIUM . r�CLARA'.ION
FOR SILVIA $AY11
PITKih CNTT RECORNA
C';OPER APARTMENTS CONDOMINIUMS
JUL ZJ 10 53 AN'89
KNOW ALL MEN BY THESE PRESENTS:
WHE-EAS, Glenn Eugene Law, hereinafter called "Declarant", I
is the owner of the real property described on the attached Exhibit
"A", which by this reference is made a part hereof; and
WHEREAS, Declarant desi.es to establish a condominium
project under the Condominium Ownership Act of the State of
Colorado; and
i
WHEREAS, Declarant does hereby establish a plan for the
ownership in fee simple of t2je real property estates consisting
of the area or space contained in each of the air space units in
the building improvements anc3 the co -ownership by the individual
and separate owners thereof, as tenants in common, of all of the
remaining property, which prosperty is hereinafter defined end
referred to as the general common elements;
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, coaenants, conditions, easements, re-
strictions, uses, limitations and obligations shall be deemed to
run with the land, shall be at burden and a benefit to Declarant,
its successors and assigns, amd any persons acquiring or owning
an interest in the real property and improvements, their grantees,
successors, heirs, executors„ administrators, devisees or assigns.
1. Definitions, unless the context shall expressly
provide otherwise:
(a) 'Unit' means am individual air space which is
contained within the perimeter walls, floors, ceilings, windows and
doors of each unit as shown an the Condominium Map to be filed
for record, together with alfl fixtures and improvements therein
contained but not including amy of the structural components of
the building, if any, located within the unit.
(b) 'Condominium mnit' means the fee simple interest and
title in and to a unit together with the undivided interest in
the general common elements and the appurtenant limited common I
elements thereto.
(c) 'Owner' means a person, persons, firs, corporation,:
partnership, association -.w other legal entity, or any mmbinatian
thereof, :&o or+,m(s) as iat3-_rest is _-�ne cr acre condosiais:
:nits-
( d ) 'General ===cy_- elements' ins and includes the
land described in Exhibit "A"; the structural components of the
building; the balconies and parking spaces; and all other parts of
such land and the improvements thereon necessary or convenient to
its existence, maintenance ans7 safety which are normally and
reasonably in common use, including the, air above such land, all
of which shall be owned, as tenants in common, by the owners of
the separate units, each owne-r of a unit having an undivided
percentage or fractional interest in such general common elements
as is provided hereinafter.
wex
Elf
(e) 'Limited common elements' means those parts of
the general common elements which are either limited to and reser-:
ved for the exclusive use of an owns of a condominium unit or are
limited to and reserved for the con:.tion use of more than one but
fewer than all of the condominium unit owners. i
(f) 'Condominium project' means all of the land and
improvements initially submittr-i by this Declaration and sub-
sequently submitted as may be provided hereinafter.
(g) 'Common expenses' means and includes expenses for i
maintenance, repair, operation, management and administration;
expenses declared cc ,nmon expenses by the provisions of this
�^
Declaration and ..e By -Laws of the Condominium Associ;ition; and
all sums lawf iy assessed against the general common elements'
by the Bo-�a of Directors of the Association.
(h) 'Association of unit owners' or 'Association'
i
means the Association formed as a Colorado not -for -profit corpora-!
tion bearing the name Cooper Apartments Condominil...: Association,>'
-
Inc., the Certificate of Incorporation and By -Laws of which shall
govern the administration of this condominium property, the
members of which Association shall be all of the owners of the
condominium units.
(i) 'Building' means a single building containing
units as shown on the mao.
-
(j) 'Map,' 'Condominium Map' or 'Supplemental Map'
means and includes the engineering survey of the land depicting
and locating thereon all of the improvements, the floor and
elevation plans and any other drawing or diagrammitic plan`
depicting a part of or all of the improvements r_.,,; land.
I( 2. Map. The Map may be filed for record in whole or in
iparts or sections, from time to time, as the stages of construc-
tion of the units and other improvements are substantially com-
pleted. Each section of the slap shall be termed a Supplement to
such Map and the numerical sequence of such supplements shall be
j shown thereon. The Map or any part or section thereof depicting
units shall not be filed for record until the building in which the
units are located has been substantially completed in or''er to
permit the location thereof, both horizontally and vertically.
i Each such Map shall be filed for record prior to the conveyance of
a condor-.:aium unit to a purchaser. Each such map shall depict and
show at least the following The legal description of the land ands
a survey thereof; the location of the building(s); the floor and i
elevation plans; the location of the unit within the building, both
horizontally and vertically, the thickness of the common walls
between or separatinq the units; the location of any structura
components or su rtin a emen s of a building located within a
_unit; and the unit designations and the building symbol- Map
shall contain the certificate of a registered professional
or licensed architect ar both, aertifyimq that the leap snbstant ally
depicts the locstia w sad he jcmrizm jt and :.rrt_jcal
of the TM -1 ts. Ybz elv va r as ref ttNe mif rnis ed i' no -s and —3i2s=
as ram~-T-Mct-'ed, the builder sy 1 , and teat sash !tap w.&s prepar-ed
s'bse41wnt tD substant -ad _=mpletion of the i7sprovements _ Each
supplemental and/or any amendment shall set forth a like -certifi-
cate when appropriate. In interpreting the Map the existing physi-
cal boundaries of each separate unit as constructed shall be
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MEMORANDUM
TO: City Engineering
FROM: Bob Nevins, Community Development
RE: Cooper Apartment Condominiums
Condominiumization-Plat Map Review
DATE: 26 June 1996
APPLICANT: Gene Law, 925-6129
BACKGROUND: In 1978 Eugene Law, applicant, received an Exemption from
Subdivision to condominiumize the existing 5-unit Cooper Apartments. City Council
approved the exemption on 15 September 1978 and it was recorded on
18 September 1978 (see attachments). According to the plat notes (Owner's Certificate),
the condominium declarations were recorded on 20 July 1989 with Pitkin County Clerk
and Recorder.
However, the actual condominium plats are not on file. In discussing the matter with Mr.
Law, I have requested that he re -submit the plats (2 sheets) for review and recordation.
PROCESS: Condominiumization is a staff review. It is a flat fee of $245.00 with a City
Engineering referral fee of $110.00. The total fee is $355.00.
Attached are the blueprints of the two sheets for Engineering Review. Based on
Engineering's review, mylars of final plats will be submitted for signature and recording.
Also, I need blueprints of the final plats to close the job file.
If there are any questions or concerns, please contact me at Extension 5102 or the
applicant, Gene Law at 925-6129.
• MY• �: .r I
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a) P=ject rj=mtj=j ; eT�" fi fi �F FI—JcK ( r 8 C / rY + 7-0 VyNO %,5
( �D �(-bvr�) W S'1— b%NJw ifzEET'. �S�' -Tip
(indicate s-t-iaeEt adds, lot & b1CCk ate, legal ¢iptim wbere
i-ate)
3) Present Zoning �-P-- 1 F`- 4) lot Size &/000 vr'�
5) A,1 jenmt'S Name, Address & # E-V r-,,-& Nb
OU-7 lIIovNT?ON- L,6-L-e�R-(vt:7,,ASfr,-,7w,Cd 81or1. !25-&�Z�
6) IRT_ ve's mme, Ackbm S a 2Xm # L-(I-VV
(Sv�V�ydlz S�F s�%�ycy E/etJ� s, �� s - 3F1
Con itirn3i Use
8040 Gr eeri i ne
Final ai sty Del.
rctSpl± ,/Tct. Lune _ GMS Emmot4m
Adjustment
8) Descri� of Existing IIseS 77,��CLi.,,,��ser and type of Ong
mite e sq- ft. ; number of �drc any previ cus approvals s to the
- V(VI , P,�4 rsr7Nr-)
9) of Dmel
9 61?7l I SSl oN °r= C'oNOONI I N1 vM R fry Pt c-P15 W"),g IYS
7
�H T �/� F i t�G F� o M 1 l 7" /CoNl�o 7��c L !� J� 71 b NS r-r- oM MI
ASPEN/MIGN CON 4UNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF -ASPEN CITY) and F4k 6- �� L�W
(hereinafter APPLICAAGREE AS FOLLOWS:
1. APPLIC.-IuNT has submitted to CITY an application for aO 90/Y11 Nf U%V) 0A 77 aI/
6F CIODEEL / Pr-) K -rn CNT�' rhereinatler, TIE PROJECT).
2. APPLICAINT uncle staads and agrees that City of aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure ror land use applications and the vavment of all processing fees is a
condition precedent to a deterrmination or appiicarion completeness.
3. APPLIC.kvT and CIT'.' agree that because of the size. aanze or scope of the oroposed
project. it is not possible at this time to ascertain the roil extent of the costs invoived in processing
the application. APPLICANT and CITY further agree that it is in the interest of the oases to allow
APPLIC.�vT to make navment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICAl,T' on a monthly basis..�?PLIC�TI agrees he will be bene3ted by retaining
greater cash 'liquidity and will make additional payments upon notincation by the C: i when thev
are necessary as costs are incurred. CIT`: agrees it will be benefited through the zreater ce-.ainry or
recovering its toll costs to process PIDLICAN7S application.
4. CTy and APPLICA-NT further agree that it is impracticable for CITY staff to compiete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval. unless current billings are paid in full prior to decision.
ihererore. �PPL IC -.NT agrees that in consideration of he CITY's waiver of its right to
collect full fees prior to a determination of application completeness. VPLICANT shall pay an
initial deposit in the amount of S?'�—which is for hd of Planning staff time, and if
actual recorded costs exceed the initial deposit. VPLIC.-N1'I' shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including.
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICAINT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICAINT
Community Development Director
City of Aspen
Signature:
Date:
Printed dame:
Nlailing Address:
AmcHMENT1
City of Aspen Development Application Fee Policy
The City of :aspen. pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the
processing of land use appicanons. A flat fee or deposit is collected for land use applications based
on the type of application submitted. Referral fees for other City departments reviewing the
application will also be collected when necessary. One check including the deposit for Planning
and referral agency fees must be submitted with each land use application. made payable to the
AspetvPitkin Community Deveiopment Department. Applications will not be accep_ ted for
processing without the required application zee.
_a flat fee is collected by Planing, or Staff Approvals which normally twice a :minimal and
predictable amount or staff time to process. The fee is not refundabie.
A deposit is collected by Planning when more t.aensive staff review is required- as hours are '.ikeiv
to vary substantially from one application to anther. Actual staff -=e scent will be c:.7amed
against the deposit. .biter he deposit has been expended, the appiicant will be oiiled monthiv based
on actual starfhours. Current biilin?s must be paid within 10 ways or processing or the 3DDllcatioII
will be suspended. If an appiicant has =-,Aously failed to pay armncation fees as reuuire^,i_ no ;few
or additional applications will be accepted for processing until the outstanding fees are paid- In no
case will Building Permits be issued until ail costs associated with case processing have been paid.
Alter the deal action on the project any remaining balance from the deposit , 11 be refunded to the
applicant.
Applications which require a deposit must include an Asreement =or Payment of Deveio m n
Armiication Fees. The .agreement establishes the applicant as being responsible for pavment of all
costs associated with processing the application. The :agreement must be signed by the party
responsible for payment and submitted with the application in order for it to be accepted
The complete fee schedule for land use applications is available at the Community Development
Department.
Recorded at, 2:10 P.M. Sept 18,
li •
RFr.r!V
1978 Loretta Banner. Record
Reccplton No: "O'e"Jeltg
mo%354 r.u1978
JUN 19 19p STATEMENT OF EXEMPTION
ASPEr.
COMMUNIT'YDE..'FROM THE DEFINITION OF SUBDIVISION
WHEREAS, GLENN EUGENE LAW is the owner of a parcel of land
located in Pitkin County, Colorado, more particularly described i
as:
Lots A and B
Block 118
City and Townsite of Aspen
WHEREAS, the applicant has an existing fiveplex located
on said property, and
WHEREAS, applicant has requested an exemption from the
definition of subdivision for the purpose of subdividing the
existing fiveplex through condominiumization, and
WHEREAS, the Aspen Planning and
meeting held l 9r 1978,
tion from the detirfttion of subdivision
mended that the same be granted, and
Zoning Commission, at its
determined that an exemp-
is appropriate and recom-I
WHEREAS, the City Council determined that the subdivision
of the existing fiveplex through condominiumization is not within
the intent and purpose of the subdivision ordinance set forth in i
Chapter 20 of the Aspen Municipal Code, I
THER
EFORE, the City Council of Aspen, Colorado does hereby,
determine that the proposed subdivision of the fiveplex located
on said property by its condominiumization is not within the
intents and purpose of the subdivision ordinance and does, for j
such reason, grant an exemption from the definition of such
action,
PROVIDED, HOWEVER, that the foregoing exemption is condi-
tioned upon compliance with the option/notice/right of first
refusal/lease term/time to locate other housing provisions of
Sec. 20-22 of the Municipal Code.
PROVIDED, FURTHER, that the foregoing exemption is condi-
tioned upon applicant's agreeing to join in any improvement
district for construction of street improvements (including
curbs, gutters, sidewalks) on Cooper Street or to reimburse the
City directly if it should choose to construct these improvements$
without formation of such a district, and applicant's agreeing
to join any improvement district fore drainage and under-
ground utilities improvements.
Date:
Stay S t a n q� ey_ III,
or
I, Kathryn S. Koch, do her y certifj�hat the foregoing
Statement of Exemption from the D i.nition of Subdivision was
considered and a proved by the Aspen City Council at its regular
meeting held aP 1978, at which time the
M
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NAM mal.9w
Mayor, Stacy Standley III, was authorized to execute the same on
behalf of the City of Aspen.
Kathryn S Koch, City. Cld,rk
STATE OF COLORADO
ss.
COUNTY OF PITKIN
he foregoing was acknowledged before me this day of
4ieu 1978 by Stacy Standley III and Kathryn S. Koch, personall,
known to me to be the Mayor and City Clerk, respectively, of the
City of Aspen.
Witness my hand and official seal.
'rr•,
My commission expires: t4�f /
Notary Public y
rrrrlrrr •n�U'
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Recorded
11:35 A.M. Oct 26, 1978 Loretta Banner Recorder 0 Reception No:2 85 89
0 i �44�J
JUN 1 9 1998 AGREEMENT s,1%357 mf
11C. I
COMMUNITY DEVELOPMENT
GLENN EUGENE LAW, for himself, his heirs, executors,
jadministrators, and assigns hereby covenants with the City of
Aspen, Pitkin County, Colorado, that:
1. Glenn Eugene Law (hereinafter "Law") is the
lowner of the following described property together with the
improvements thereon:
Lots A and B
Block 69
City and Townsite of Aspen
Pitkin County, Colorado
and
Lots A and B
Block 118
City and Townsite of Aspen
Pitkin County, Colorado
2. The above -described property shall be restrict
Ito six (6) months minimum leases with no more than two (2) shorter
(tenancies in any calendar year.
3. At the time the property is offered for sale,
in whole or in part, those tenants residing in the above -described
property on September 15, 1978 who still reside in the property
at the time the property is so offered shall be given notice of
such offer together with the offered price. Each such tenant
shall have a ninety -day non -assignable option to purchase the
portion of the property he has under lease at the price stated in
the offer of sale.
4. At the time a bona fide offer to purchase is
made and accepted, those tenants residing in the above -described
property on September 15, 1978 who still reside in the property
at this time shall have a ninety -day exclusive non -assignable
right of first refusal to purchase the portion of the property
which they each have under lease. In the event that such offer
is made while the ninety -day option is still in effect, such tenant
may purchase the unit for the amount of the bona fide offer or
...._..�� -._.. ............ ..
64
offered price, whichever is less.
5. It shall be adequate proof of satisfaction of the
foregoing two paragraphs if a statement executed by an official
of the City of Aspen is filed that the option/right of first
refusal provisions have been met.
6. In the event that any improvement or improvements
required by Section 20-16 of the Code of the City of Aspen become,
in the sole judgment or discretion of the City Council of the
City of Aspen, necessary or desirable, no objection will be made
to any special assessment or special tax or proceeding therefor,
on the basis that the property is adequately served by existing
improvements, nor on the basis that the premises will not be
served or benefitted by the improvement or improvements proposed.
7. The covenants contained herein with respect to
minimum lease terms (paragraph 2) are to run with the land and
shall be binding on all parties and all persons claiming under
them for a period of twenty (20) years from the date these covenant
are recorded, after which time said covenants shall be automati-
cally extended for successive periods of ten (10) years, unless an
instrument signed by the City of Aspen and the then record owners
of the property has been recorded, agreeing to change said coven-
ants in whole or in part or agreeing to release said covenants.
IN WITNESSS WHEREOF, this Agreement has been duly executed
this Z6. day of 6r , 1978.
i
Glenn Eugene Law
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
�4-=_day of October, 1978 by Glenn Eugene Law.
Witness my hand and official seal.
?j•;:., tJ My commission expires: G
co
Notary Public
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