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HomeMy WebLinkAboutcoa.lu.ec.Lots G-I, Blk 8.1982 STATE[VlEN~ OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND APPROVAL OF SUBDIVISION WHEREAS, Lucy B. Hibberd (hereinafter "Applicant") is tile 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 add Townsite of Aspen WHEREAS, an existing duplex is located on the aforesaid par- cel, and WHEREAS, applicant has requested aD exception from the full subdivision process for the purpose of subdividing the existing duplex by coDdominiumization, and WHEREAS, the Planning and Zoning Co]m~ission 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 condominiumizatioD, 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: 1. Compliance with the option/notice/right of first refusal/lease tern~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 within iow income housing price guidelines and to occupancy limit- ations within low income housing eligibility 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. Ti%at the applicant agree, in the form of a covenant run- Ding with the land, to join in any improvement district for con- structioD 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 formation of such a district, and also that applicant agree to join any ii-~provement district for future drainage and underground utilities improvements. Date: ~.~ /~ /~ A~O~AS TO FO~: ~ ~sisF~it~ Attorney Process add Approval of Subdivision were considered and approved by the Aspen City Council at its regular meeting held SeptemQer 24,1979, and that t~e Mayor, Herman Edel, is au execute the same oD behalf of the City of ~pen. KatnryD S. STATE OF COLO~DO ) ',"~ .,,,.,.,'~" ) ss. County of PitkiD ) ~ .The foregoing was acknowledged before me this /~day of ~' , 1982, by Herman Edel add Kathryn S. Kodh y known to me to be the Mayor and City Clerk, of the City of AspeD,'"Colorado. ~o~ ~y~Public DECL~ATION OF COVenANTS,. CONDITIONS .~.2_~ID ~EST~C~O~S LUCY B. HIBBERD ("CovenaDtor"), for herself, her heirs, executors, administrators, successors and assigns, iD 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 (including a duplex structure) located thereon, situated in the County of PitkiD, State of Colorado: Lots G, H and I Block 8 City and TowDsite of Aspen 2. The dwellin9 units located on the above-described pro- perty shall add hereby are restricted to use as employee housing pursuant to Section 24-11.4(b) (3) of the Municipal Code of the City of Aspen and to ~nt~i and sale price guidelines and to ~c~u- pancy limitations within "low income" housing eligiDility 9uide- lines established Dy the City Council of the City of Aspen, for a period of five (5) years from the date these covenants are recorded. 3. The d~elling units located on the above-described pro- perty shall and they hereby are restricted to six (6) month midi- mum 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 t~e above-described property are offered for sale, in whole or in part, any tenant or tenants shall be 9iven 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 nas under lease at the price stated iD the offer o~ 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 ninety-day exclusive noD-assignable right of first refusal to pur- chase the portion of the property he or she has udder 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. 6. In the event that any improvement or improvements required Dy Section 20-16 of the Municipal Code of the City of Aspen become, in the sole judgI~eDt 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- lng therefor, on the basis that the property is adequately served by existing improvements, nor OD the basis that the premises will Dot be served or benefited by the improvement or improvements pro- posed. Further, iD such event, covenaDtor agrees to comply with the requirements of Section 19-101 of the ~uDicipal Code of the City of Aspen. ID this regard, covenantor agrees to join any improvement district for construction of improvements (including curbs, 9utters, 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 herein shall run with the land and shall be binding OD all parties having any right, title or interest in the above-described property or any part thereof, t~eir heirs, successors and assigns for t~e 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. 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 WmEREOF, this declaration has been duly executed hucy~ Hibbe&d STATE OF COLO~DO ) ) ss. ~kin ) instrument was acknowledged before me this · 1982, by Lucy B. Hibberd. MY ~ND AND OFFICIAL SEAL. fiol~ission expires: Notary Publi~ 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 Block 8 City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, an existing duplex is located on the ~.~ores~id parcel; 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 Zoning Commission of the City of Aspen recommended that the requested exception be granted subject, however, to certain c0n(~tions; 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 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 (I) 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 ~une 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 approva~.~ this matter set by the Planning and Zoning Commission ~/orthe City Council. Date:'~>~'~-~./~, Herman Edel, Mayor~;~;'; By: Susan ATTEST: Kathryn S~Koch, C~ y er 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 2 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 auth( ~d to execute the same on behalf of the City of Aspen. · Kathryn S./~och, Clerk D~CLA~A~IO~ 0~ C0~B~A~S, ~3S~IC~IO~S ~D C0~OI~I0~S 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 of Colorado: ~ ~ Lots G, H and I Block 8 __ City and Townsite of Aspen ~ Pitkin County, Colorado ~ ~ 2. The dwelling units located on the above-desc~be~ro- 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 guidelines established by the City Council o~ housing 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 perry 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; 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- 2 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 -l~L~ day of ~-~_ , 198~. STATE OF COLORADO ) County of ~f~ Ism. The foregoing instrument was acknowledged before me this ~'~- day of ~l~ 1983, by Lucy B. H~ibberd. WITNESS MY HAND AND OFFICIAL SEAL. ~'~"' My dommission expires: ~-~_,~- ~/ '- -' '- Address ~Y' ~