HomeMy WebLinkAboutcoa.lu.ec.Lots G-I, Blk 8.1982lo\%ra- Ec- cp\
- Lucy B. Hibberd
ft
` 1900K 428 eAGE 98
_-._._. ', 'clock Am., ,J'U N 1 8 1982
DpFon No, a `7�C2
N, rid in Co. Recorder
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
AND APPROVAL OF SUBDIVISION
WHEREAS, Lucy B. Hibberd (hereinafter "Applicant") is the
owner of a parcel of land located in the City of Aspen, County of
Pitkin, State of Colorado, more particularly described as follows:
Lots G, H and I
Block 8
City and Townsite of Aspen
WHEREAS, an existing duplex is located on the aforesaid par-
cel, and
WHEREAS, applicant has requested an exception from the full
subdivision process for the purpose of subdividing the existing
duplex by condominiumization, and
WHEREAS, the Planning and Zoni.ny Commission of the City of
Aspen at its meeting held September 4, 1979, granted
applicant an exception from the full subdivision process for the
purpose of subdividing the existing duplex by condominiumization,
and
WHEREAS, the City Council at its meeting held September 24,
1979, approved the subdivision of the existing duplex by condomin-
iumization subject to the terms and conditions set forth below:
NOW, THEREFORE, IT IS HEREBY STATED that the City Council of
the City of Aspen, Colorado, has approved the subdivision of the
existing duplex located on the aforesaid parcel, which approval is
expressly conditioned upon the following:
i. Compliance with the option/notice/ right of first
refusal/lease term/deed restrictions as to rental price/time
requirements of Section 20-22 of the Municipal Code of the City of
Aspen in effect at the time of the approval.
2. That the dwelling units located on the aforesaid parcel
be restricted by an acceptable deed restriction of the property by
covenant to use as employee housing pursuant to Section 24-11.4
(b)(3) of the Municipal Code and to rental and sale price terms
9UiJK ��� r,1GE 99
within low income housing price guidelines and to occupancy limit-
ations within low income housing eliyibility guidelines estab-
lished by the City Council, as proposed by the applicant, for a
Period of five (5) years from the date of this statement.
3. That the applicant_ agree, in the form of a covenant run-
ning with the land, to join in any improvement district for con-
struction of street improvements (including curbs, gutters, side-
walks) on 7th Street or to reimburse the City directly if appli-
cant should choose to construct these improvements without the
fori<<ation of such a district, and also that applicant agree to
join any improvement district for future drainage and underground
utilities improvements. G
Date: / 4 Zq9
My-
S eO FORM,
Ibis.
, Herman Edel, Mayor
it At orney
thr Koch, do hereby certify that matters set forth
i 4mlSie foregoing Statement of Exception from the Full Subdivision
Process and Approval of Subdivision were considered and approved
by the Aspen City Council at its regular meeting held September
24,1979, and that the Mayor., Herman Edel, is authorized -,'to'
execute the same on behalf of the City of Aspen. `.
Kathryn S. och,i'y CIOr
STATE OF COLORADO ) z
ss .
County of Pitkin )
The foregoing was acknowledged before me this 1 day of
1982, by Herman Edel and Kathryn S.
Koch, personally known to me to be the Mayor and City Clerk,
,tes iv* ', of the City of Aspen, Colorado.
V$ ESB NAY'OFFICIAL HAND AND SEAL.
�<\ • CMy' cQmmisslon expires:
I__1kd -'a
ot.ary Publ i.c
VC .0 6G�..IZ; oI.it CRecorder ROOK 428 ow 100
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
LUCY B. HIBBERD ("Covenantor"), for herself, her heirs,
executors, administrators, successors and assigns, in considera-
tion for the granting of subdivision approval with respect to the
following described property, hereby covenants with the City of
Aspen, Pitkin County, Colorado, that:
1. Lucy B. Hibberd is the owner of the following described
property, together with the improvements (i_nciuuing a duplex
structure) located thereon, situated in the County of Pi-tkin,
State of Colorado:
Lots G, H and I
Block 8
City and Townsite of Aspen
2. The dwelling units located on the above -described pro-
perty shall and hereby are restricted to use as employee housing
pursuant to Section 24-11.4(b)(3) oh the Municipal Code of the
City of Aspen and to rental and sale price guidelines and to occu-
pancy limitations within "low income" housing eligibility guide-
lines established by the City Council of the City of Aspen, for a
period of five (5) years from the date these covenants are
recorded.
3. The dwelling units located on the above -described pro-
perty shall and they hereby are restricted to six (6) month mini-
1Qum leases with no more than two (2) shorter tenancies per year.
4. In the event that and at the time any of the dwelling
units located on the above -described property are offered for
sale, in whole or in part, any tenant or tenants shall be given
notice of such offer together with the offered price. Each tenant
shall have a ninety -day non -assignable option to purchase the por-
tion of the property he or she has under lease at the price stated
in the offer of sale.
5. In the event that and at the time a bona fide offer to
purchase is made and accepted, the tenant or tenants shall have a
1-k-IDK 420 im401
ninety -day exclusive non -assignable right of first refusal to pur-
chase the portion of the property he or she has under lease. In
the event that sucn offer. is inade while the ninety -day option is
still in effect, the tenant may purchase the unit for the amount
of the bona fide offer or offered price, whichever is less.
6. In the event that any improvement or improvements
required by Section 20-16 of the Municipal Code of the City of
Aspen become, in the sole judgment or discretion of the City Coun-
cil of the City of Aspen, necessary or desirable, no objection
will be made to any special assessment or special tax or proceed-
ing 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 benefited by the improvement or improvements pro-
posed. Further, in such event, covenantor agrees to comply with
the requirements of Section 19-101 of the Municipal Code of the
City of Aspen. In this regard, covenantor agrees to join any
improvement district for construction of improvements (including
curbs, gutters, sidewalks) on 7th Street or to reimburse the City
of Aspen directly if applicant should choose to construct these
improvements without the formation of such a district, and also
agrees to join any improvement district for future drainage and
underground utilities improvements.
7. The covenants contained lie -rein shall run with the land
and shall be binding on all parties having any right, title or
interest in the above -described property or any part thereof,
their heirs, successors and assigns for the period of the life of
the longest lived member of the present City Council plus twenty-
one (21) years, or for a period of fifty ( 50 ) years, whichever
period is less, from the date these covenants are recorded, with
the exception of the covenant contained in paragraph "2" herein -
above which shall be binding for a period of five (5) years from
the date these covenants are recorded.
•
0
NoK 428 rxE 102
8. None of the covenants contained herein shall be released
or waived in any respect during the period they are binding with-
out the prior consent of the City of Aspen as reflected by resolu-
tion of the City Council of the City of Aspen.
IN WITNESS WhEREOF, this declaration has been duly executed
this day of fC 9 , 1982.
Luc v 113X H
STATE OF COLORADO )
) ss .
%%O'oul+t.,y, ,ot Pitki.n )
j 1 "s
oregoing instrument was acknowledged before me this L/
�..
.' 1982, by Lucy B. Hibberd.
�L Cl
U P,4I.TASS MY HAND AND OFFICIAL SEAL.
f....... 13
, O Rt ,,o6ommiss ion expires:
.0fillot' U1,
Notary Pu
• -17
E,00
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION
WHEREAS, Lucy B. Hibberd (hereinafter "Applicant") is the
owner of a parcel of land located in the City of Aspen, County of
Pitkin, State of Colorado, more particularly described as follows:
Lots G, H and I
C--
Block 8
City and Townsite of Aspen,
07
Pitkin County, Colorado; and
O
_
WHEREAS, an existing duplex is located on the
abres' ld
cli
parcel; and
-
o=
co
LX>
rn
X
WHEREAS, Applicant has requested an exception
from
the full
subdivision process for the purpose of subdividing the existing
duplex by condominiumization; and
WHEREAS, the Planning and Zoning Commission of the City of
Aspen recommended that the requested exception be granted subject,
however, to certain conditions; and
WHEREAS, the City Council at its meeting held September 24,
1979, approved the subdivision of the existing duplex by condomin-
iumization subject to the terms and conditions set forth below:
NOW, THEREFORE, IT IS HEREBY STATED that the City Council of
the City of Aspen, Colorado, has approved the subdivision of the
existing duplex located on the aforesaid parcel by subdivision
exception for the purpose of condominiumization, which approval is
expressly conditioned upon the following:
1. Compliance with the option/notice/right of first
refusal/lease term/deed restrictions as to rental price/time
requirements of Section 20-22 of the Municipal Code of the City of
Aspen (and all other applicable requirements of that section) in
effect at the time of the approval.
2. That the dwelling units located on the aforesaid parcel
be restricted by an acceptable deed restriction of the property by
covenant to use as employee housing pursuant to Section 24-11.4
(b)(4) of the Municipal Code, as amended, and to rental and sale
price terms within "low income" housing price guidelines and to
aoa 440PA.. 10 i
occupancy limitations within "low income" housing eligibility
guidelines established by the City Council, as proposed by the
Applicant, for a period of five (5) years from the date of the
approval.
3. That the Applicant agrees, in the form of a covenant
running with the land, to join in any improvement district for
construction of municipal improvements in the area of 7th Street
or to reimburse the City directly if the City should choose to
construct these improvements without the formation of such a dis-
trict.
PROVIDED, HOWEVER, that the foregoing exception is fur-
ther expressly conditioned upon (1) the Applicant's recording with
the Pitkin County Clerk and Recorder contemporaneously herewith
that certain "Declaration of Covenants, Restrictions and Condi-
tions" for the subject property signed on June 7
1983; and (2) the Applicant's strict compliance, for herself and
for her heirs, personal representatives, successors and assigns,
with the provisions contained therein and all other binding condi-
tions of approval o this matter set by the Planning and Zoning
Commission /or the City Council.
Date:
Herman Edel, Mayor
By: Susan E. Michael, Mayor Pro Tem
ATTEST:
QV .
Kathryn S Koch, City Clerk
APPROVED AS TO FORM:
Paul J. Taddune, City Attorney
I, Kathryn S. Koch, do hereby certify that matters set forth
in the foregoing Statement of Exception from the Full Subdivision
pi
•
OON.
Process for the Purpose of Condominiumization were considered and
approved by the Aspen City Council at its regular meeting held
September 24, 1979, and that the Mayor, Herman Edel, is authorized
to execute the same on behalf of the City of Aspen.
K hr n S. och Cif Clerk
at y y
' J �
3
0 0
BON`L �i}u
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
LUCY B. HIBBERD ("Covenantor"), for herself, her heirs, per-
sonal representatives, successors and assigns, in consideration
for the granting of subdivision approval (by subdivision exception
for condominiumization) with respect to the following described
property and as a condition precedent thereto, hereby covenants
with the City of Aspen, Pitkin County, Colorado, to restrict the
below -described property and hereby does restrict the property as
follows:
1. Lucy B. Hibberd is the owner of the following described
property, together with the improvements (including a duplex
structure) located hereon, situated in the County of Pitkin, State
c._
of Colorado:Q
^il
Lots G, H and I
nm
iO
Block 8
_
p.
City and Townsite of
Aspen L„
X M
Pitkin County, Colorado
e"
c X.
-J
O
;13 M
2. The dwelling units located on
the above-descc4 bed fro-
-L
w
perty shall and hereby are restricted to
use as employee
housing
described by Section 24-11.4(b)(4) of the Municipal Code of the
City of Aspen, as amended, and to rental and sale price guidelines
and to occupancy and qualification limitations within "low income"
housing eligibility guidelines established by the City Council of
il
the City of Aspen from time to time, for a period of five (5)
years from the date of approval of the condominiumization by the
City Council.
3. The dwelling units located on the above -described pro-
perty shall and hereby are restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per year, all
as defined in the Municipal Code, as amended.
4. In the event that any of the dwelling units located on
the above -described property are offered for sale, in whole or in
part, such sale shall be in strict compliance with the provisions
of Section 20-22 of the Municipal Code, as amended, which pro-
vides, without limitation, as follows: any tenant or tenants shall
be given notice of such offer together with the offered price;
•
Boax 446
each tenant shall have a ninety -day non -assignable option to pur-
chase the portion of the property he or she has under lease at the
price stated in the offer of sale; in the event that and at the
time a bona fide offer to purchase is made and accepted, the
tenant or tenants shall have a ninety -day exclusive non -assignable
right of first refusal to purchase the portion of the property he
or she has under lease. In the event that such offer is made
while the ninety -day option is still in effect, the tenant may
purchase the unit for the amount of the bona fide offer or offered
price, whichever is less.
5. In the event that any improvement or improvements of a
kind contemplated by Section 20-16 of the Municipal Code of the
City of Aspen become, in the sole judgment of the City Council of
the City of Aspen, necessary or desirable to the area of the
above -described property, Covenantor will make no objection to the
formation of any special improvement district or to any special
assessment or special tax or proceedings therefor, on the basis
that the property is adequately served by existing improvements,
or on the basis that the premises will not be served or benefited
by the improvement or improvements proposed. Further, Covenantor
acknowledges and agrees to comply with the requirements of Section
19-101 of the Municipal Code of the City of Aspen. Further,
Covenantor agrees to join any special improvement district for
construction of improvements (including, without limitation,
curbs, gutters, sidewalks, drainage, underground utilities, pav-
ing, planting, street lights, etc.) in the area of 7th Street or
to reimburse the City of Aspen directly if the City should choose
to construct municipal improvements without the formation of such
a district.
6. The covenants contained herein shall run with the land
and shall be binding on all parties having any right, title or
interest in the above -described property or any part thereof,
their heirs, successors and assigns for the period of the life of
the longest -lived member of the present City Council plus twenty-
6
BOOKLJ
one (21) years, or for a period of fifty (50) years, whichever
period is less, from the date these covenants are recorded, with
the exception of the covenant contained in paragraph "2" herein -
above, which shall be binding for a period of five (5) years from
the date of condominiumization approval.
7. None of the covenants contained herein shall be released
or waived in any respect during the period they are binding with-
out the prior written consent of the City of Aspen as reflected by
Resolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly executed
this day of 1983.
STATE OF COLORADO )
) ss.
County of �Iolt',y )
The foregoing instrument was acknowledged before me this
41- day of 1983, by Lucy B.
Hibberd.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
e e` 1��76L
ary Public
3 -5 --k 1 F e- rd
Address
a -2-
3
CC)
Q ---