HomeMy WebLinkAboutcoa.lu.ec.950-960 E Durant Ave-Kessler Condo.1983
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2. APPLICANT: ~ ~ . ':"",'.;.:.~;i!i':;F,Z:,5>(: .' '
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3. REPRESENTATIVE: I?v~, .1I/J7'-1J'A/U"J-J::, '" ;'
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1. Step:
Use Determination.
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"':""~ 7. REFERRALS /UJu::ud/';/-/S';:9'.3 . ..;;};j1d:,.~"::-,, ,
1~~5'.JLJ.ttorney',.,/".. S~nitation District' _School District .
7fLEngineering DePt:-~";';~.."..: Mount~.in Bell ~ocky Mtn. Nat. Gas
_Housing ~arks . _State Highway Dept.
_Water'" .,--.'''' Holy Cross Electric~:;, .. ..n :..:.:Jire Chief
_City Electric ... J/ Fire Marshal/Building Dept. ---9ther
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1. The improvements necessary to meet 'life, health and,,, ......"..
~'- .. safety codes outlined by the Building Department be com-
-';." "pleted prior to the filing of the Final Condominium Plat;
. r' Said plat to ..be" ~i,1ed within .90 days of final action by
2. ":{~, :;~n:;:~chang:~;equfrements and changes on-site outlined
by the Engineering Department be completed prior to".. ".....
.; filing of the ,Final Condominium Plat.":~,~':i~..::t'?f;7:i;'.i""i'
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' The necessary documents be filed wi th the City Attorney's
office. Le.. a Statei!rent of Subdivision 'Exception;"
'. Declaration of Covenants and Restrictions. Deed Restrictions
~." c.,,, for the Employee Uni ts and an Encroachment Li cense for I -.l I I
9. L'~ P"~""',dj'~t t ,D,,,,, Ay""', On~I~c;.~""...
....~;, C~~nc~ ~f~~~~m~~ 20-22 '~7r;~~;:~p~1fi~l~tY~ff~V:t:vn~
" '---.,"' a tlfa't .te-rran~Fg--}ven. ,W\'7l.tt notl ce when thel r Unl t: ',~, ~., . \ Gas
. _")':tl'is cifferedfor sa.le and"they will have a90-day non-" .,/"';'t:':::"~:~ePt.
<,,-::,c:",,(assignable option ,to, purchase. In addition. each ten~nt' '\ '
. :' shall have a 90-;day exclusive non-assignable right of.i
:},,;.t~(fh'st refusal wnich shall "corrmence when a' bona fiae offer
"}"t>! is made by a third person;"and (b) all 'units"shall be
" .~ restricted to siltJ!1on~h "!~nimum leases wi~h no ,mo~e ,than
. 10. ;:'" ~d,\rfo ,shorter, ten,ancles' per ye!lT,~., ,,' . :':, r;,. ",)
",. "'5.~\Z_Units 1 a'{(t3?'~ii~11 be d:ed;{r~'~l{iictedt~";~~~\~ae~atell
." ,,'::,income category and Units .4,,,and 8 in the,.'l1ow" :'income",:,:,'",",:"":;:::,,,:'~"
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DECLARATION OF. COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE KESSLER CONDOMINIUMS
rl. ~(J )A'~L (' t/./,\"'\:D I ,,"; )n<~ -F<t..,9::..
SEPP KESSLER (hereinafter "Covenantor"), for himself and
his heirs, personal representatives, successors and assigns, in
consideration for the granting of an exception from the full
subdivision process for the purpose of condominiumization of
the following-described property, hereby covenants with the
City of Aspen, Pitkin County, Colorado, to restrict such
property, and hereby does restrict such property, as follows:
1. Covenator is the owner of the following described
property, together with the improvements located thereon,
si tuated in the City of Aspen, Comity of Pitkin, State. of
Colorado,:
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
ASPEN,
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
CLEVELAND STREET, AS EVIDENCED BY TREASURERS
DEED RECORDED DECEMBER 26, 1956 1N BOOK 178 AT
PAGE 539. -lk ~~~\~.... (0")17'";;' r..c.q"l.\...Ie t"'i oJ ~t:"'v"'"
) tr'y"(,l V,(,o:. A!' ij~~-
and more commonly known as: A 950-960 East Durant Avenue,
Co lorado. /1\,'1" be" ",,; pc, .
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Aspen,
2. Dwelling units 1, 3, 4, and 8, which are located on
the above-described property shall be and hereby are, for five
(5) consecutive years from the date of Aspen City Council
approval, restricted to use as employee housing as described in
Section 24-11.4(b) (3) of the Municipal Code of the City of
Aspen. For the above-referred to time period, units 1 and 3
shall be restricted to rental and sale terms and price guide-
lines and to occupancy limitations within "moderate income"
housing eligibility guidelines now established by the City
Council of the City of Aspen or its designee (now being the
Aspen/Pitkin County Housing Authority), or as such guidelines
may from time-to-time be amended by the City Councilor its
designee. Similarly, units 4 and 8 shall be restricted to
rental and sale terms and price guidelines and to occupancy
limitations within such "low income" housing eligibility
guidelines as are now established or which may from time to
time be amended by the, City Councilor its designee.
3. Except as otherwise provided herein, the four (4)
above-referred to units shall be rented or sold only to persons
"qualified" for employee housing, as defined in the Aspen
Hunicipal Code, as amended, and so identified and qualified by
the City Council of the City of Aspen or its designee, pursuant
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to the City's then-existing qualification process for employee
housing.
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4. All dwelling units in the Kessler Condominiums
offered for rental are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
calendar year, all as defined in the Aspen,Municipal Code, as cl
amended. &-r} u-U. ..,-.....~, ..(:-.Cc. "vSx€) to/' C""~. ~ sdoJ,d -I,.,i'". ~r)'~"",~h G -r;.,<,;,,~ 7eh'17(~:),'; KC' .......1 ("'.. .
5. However, if the four (4) above-referred to units are
offered to, but not rented by "qualified" employees within
thirty (30) days after written notice to the City and the City
does not furnish any prospective tenants who rent such vacant
units, the Buyer may rent the s,ame to other "non-qualified"
persons at such rentals then in effect for the condominium;
provided that at the expiration of the minimum rent term
customary for the condominium to such "non-qualified" person
(but in no event longer than one (1) year), the affected unit
or units shall be rented to a "qualified" renter if one is
furnished by City as provided herein.
6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the Kessler
Condominiums, Covenantor will make no objection to any speci~l
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and/or on the basis that the premises will not be served or
benefited by the improvement or improvements proposed.
Covenantor further agrees to join, upon the City's demand
therefor, any improvement district formed for construction of
such improvements (inClUding, without limitation, drainage,
underground utilities, paving, planting, curbs, gutters,
sidewalks, street lights, etc.) in the area of the Kessler
Condominiums or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
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7. 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, and their heirs, representatives, successors and
assigns, for the period of the life of the longest-lived member
of the presently-constituted Aspen 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,
except for those covenants contained in paragraphs 2, 3 and 5
above.
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8. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
9. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its costs and fees therein,
including its reasonable attorneys fees and expert witness
fees.
IN WITNESS WHEREOF, this declaration has been duly
executed this day of , 198~.
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STATE OF COLORADO
By
se~\Kessler
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JOK, ~,,; " \"--1
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 1983, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires:
Notary
Address:
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Transamerica Title Insurance Company
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AMOUNT
OWNER $ TBD
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
TOTALS
PREMIUM
$ TBD
$
$
$
$
$
OATES, HUGHES & KNEZEVICH
535 E, HOPKINS, 3RD FLOOR
ASPEN, CO. 81611
A TTN: BRAD
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Your Reference KPSST.PR
CC's To:
No,
7302610
C ,)
Sheet 1 of-L
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula-
tions attached,
Customer Contact:
T.J. JOHNSON
925=J.266
By
VINCENT J. HIGENS
AUTHORIZED SIGNATURE
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.......---':I'lleeffective date .of this commitment is
// At iclrtfnm fee title was vested in:
/
GUST 18
,19.1U.....at 7:00 A. M,
SEPP H, KESSLER A~ID JANE KESSLER,
a~ joint tenants
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~CHEDULE A
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L .0 lC':ert6'beiSSued:
(A) Owners':
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TO BE DETERMINED
(B) Mortgagee's:
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Form No, C-142.1 Rev. '1~1-81
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SCHEDULE A-Continued
2, Covering the Land in the State of Colorado, County of PITKIN
Described as:
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED CLEVELAND
STREET, AS EVIDENCED BY TREASURERS DEED RECORDED DECEMBER
26, 1956 IN BOOK 178 AT PAGE 539,
Form No. c.r42.2
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SCHEDULE A-Continued
REQUIREMENTS
3, The following are the requirements to be complied with prior to the issuance of said policy or policies,
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued, Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located,
NONE
Form No. 0-142.3
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SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
1. Rights or claims of parties in possession not shown by the public records,
2. Easements, or claims of easements, not shown by the public records,
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records,
4, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im.
posed by Jaw and not shown by the public records,
5, Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district,
6, Except any property lying below the surface ground, as referenced in Deed from
the Corporate Authorities of the City of Aspen', a Municipal Corporation, recorded
in Book 90 at Page 111 and in Book 90 at Page 176.
7. Easement for the use, operation, construction and maintenance of public utilities
to be placed underground and overhead, including but not exclusively, power and
telephone lines, water lines, gas mains, sewer mains, and other utility easements,
as reserved in Vaction Ordinance No.2 (series of 1958), recorded April 8, 1958
in Book 183 at Page 397.
8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises and right of way
for ditches or canals constructed by the authority of the United States all as
reserved in the United States Patents recorded October 21, 1955 in Book 180 at
Page 545 and recorded June 17, 1949 in Book 175 at Page 246.
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Transamerica Title Insurallce Company
Arapahoe ~ Douglas
2000WI!;$ttittleten Beulevard
LlHleton, Colorodo 80120
(3031795.4000
Larimer
151 WelitMountalnAvenue
Box 1100
fort Collin$, Colorodo 80522
, {3031493.646<1
Denver - Adams
1800 Lowrence Street
Denver, Colorodo 80202
(303) 629.4800
Mesa
53111:00d Avenue
Grond Junction,Colorado 81501
(30312<12-823<1
Boulder
1317 Spruce Street
Boulder. Colorado 80302
(303j443.716Q
Pitkin
601 E. HOPKINS
Aspen, Colorado 81611
(303) 925.1766
Eagle
108Soulhfrontagell:oad
Box 1700
Vail, ColQradQ 81657
(3031629.4956
Pueblo
627 North Main Street
Pueblo, Colorado 81003
(303) 5-43.0451
EI Paso
-418 SQuth Weber Street
ColorodQ Springs, Colorado 80903
(303) 63-4.3731
Routt ~ Jackson
507 LincQln Street
Box 773568
Steomboat Springs, CQlorodo 80477
1303) 879.1611
Jefferson
1675 Corrsireet
LakewQod, Colorado 80215
(303) 231.2800
Weld
918 Tenth Street
Greeley, ColoradQ 80631
(303) 352-2283
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Transamenca
Tille Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied, The policy is available and should be
examined before this Commitment is used if there is any question about coverage,
2, Only the policies shown are committed to, If there are any changes in the transaction, order an
amendment from us,
3, The date on this Commitment is important. Nothing after that date has been considered by us,
4, This Commitment is good for 6 months only, Extensions should be ordered from us if they are
needed,
FOJ:'ln No. C~142_A Rev. 7~1~81
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LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
SUITE 200
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
June 22, 1983
AREA CODE 303
TELEPHONE 920~1700
TELECOPIER 920-1121
BRADLEY S. ABRAMSON
Mr. Gary S. Esary
Asst. City Attorney
Ci ty Hall
130 S. Galena Street
Aspen, CO 81611
Re: Condominiumization of the Kessler Condominiums
Dear Mr. Esary:
Please find accompanying this letter the following documents:
1. The original Articles of Incorporation of the Kessler
Condominiums 1
2. The original Bylaws of Kessler Condominium Associationl
3. The original Condominium Declaration for Kessler
Condominiums 1 ---
4. The original Encroachment License Agreement 1
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5. The original Statement of Exception from the Full
Subdivision Process for the Purpose of Condominiumization for the
Kessler Condominiumsl
6. The original Declaration of Covenants, Restrictions and
Conditions for the Kessler Condominiums 1 =-~
7. Plat Map for the Kessler condominium~
With due awareness of your own busy schedule, I would request
that your review of these documents be completed as soon as
possible since we are ourselves under a considerable time con-
straint. In this regard, I would appreciate a telephone call on
Friday, June 24, as to the status of your review.
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OATES, HUGHES & KNEZEVICH, p, C,
Gary S. Esary
June 22, 1983
Page 2
Thank you in advance for your cooperation in this matter. If you
have any comments or questions, please feel free to give me a
call.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
By ~~\u~ ~1-1-QJ.IW\~
Bradley S Abramson #12133
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Enclosures
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ENCROACHMENT LICENSE AGREEMBNT
THIS AGREEMENT made and entered into this day of
, 1983, by and between the City of Aspen,
Pitkin County, Colorado, (hereinafter referred to as "Aspen")
and Sepp Kessler, and or Assigns (hereinafter referred to as
"Licensee") .
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
The westerly 22 feet of Lot L, all of Lot K in Block
37 East Aspen Townsite and the eqsterly 57 feet of
Cleveland Street (vacated) lyi~adjacent to said Lot
K, Pitkin County, Colorado ~
WHEREAS, said property abuts th~following described
public right-of-way: j7 ,
East Dura~Avenue
WHEREAS, License desires~ encroach upon said
right-of-way, said enc ach;;lt being more particularly
described as follows and ad~cent to the property described
above:
That certain oncre e pad adjacent to and abutting
the above-d cribed roperty and encroaching to a
certain e~ent upon E t Durant Avenue, all as is
more part'culary shown nd illustrated on the Kessler
Condomin s Map as reco ded in the real property
records of the office of the Pitkin County Clerk and
Recorder.
WHEREAS, Licensee desires to encroach upon said
right-of-way for parking and general access purposes.
WHEREAS, Aspen agrees to the grant of a private exclusive
license of encroachment pursuant to Section 19-5, Aspen
Muncipal Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreements
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private exclusive license is hereby granted to
Licensee to occupy, maintain and utilize the above-described
portion of public right-of-way for the sole purposes described
above.
.
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ENCROACHMENT 'LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1983, by and between the City of Aspen,
Pitkin County, Colorado, (hereinafter referred to as "Aspen")
and Sepp Kessler, and or Assigns (hereinafter referred to as
"Licensee") .
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
The westerly 22 feet of Lot L, all of Lot K in Block
37 East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K , Pitkin_County, Colorado
~,
WHEREAS, said property abuts the following described
public right-of-way:
East Durant Avenue
WHEREAS, Licensee desires to encroach upon said
right-of-way, said encroachment being more particularly
described as follows and adjacent to the property described
above:
That certain concrete pad adjacent to and abutting
the above-described property and encroaching to a ~
certain extent upon East Durant Avenue, all as is
more particulary shown and illustrated on the Kessler
Condominiums Map as recordeQ in the real property
records of the office of the Pitkin County Clerk and
Recorder~ flif U~1f--' "
WHEREAS, Licensee desires to encroach upon said
right-of-way for parking and general access purposes.
WHEREAS, Aspen agrees to the grant of a private exclusive
license of encroachment pursuant to Section 19-5, Aspen
Muncipal Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreements
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private exclusive license is hereby granted to
Licensee to occupy, maintain and utilize the above-described
portion of public right-of-way for the sole purposes described
above.
/'--'"
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,......,
n
DECLARATION OF COVENANTS, RESTRICT!ONS AND CONDITIONS
FOR THE KESSLER CONDOMINIUMS h,~
SEPP KESSLER (hereinafter "Covenantor"), for ~ and h,s
~successors and assigns, in consideration for the granting
of an exception from the full subdivision process for the
purpose of condominiumization of the following-described
property, hereby covenants with the City of Aspen, Pitkin
County, Colorado, to restrict such property, and hereby does
restrict such property, as follows:
1. Covenator is the owner of the following described
property, together with the improvements located thereon,
situated in the City of Aspen, County of Pitkin, State of
Colorado:
The westerly 22 feet of Lot L, all of
East Aspen Townsite and the easterly 7 feet of Cleveland
Street (vacated) lying adj~cent to aid Lot K, Pitkin
County Colorado' ~10 6vHf.r"'-so"w ~ 'f'rl' ,.; {lM~ ~ ~%/-o/ (.,J<ff""'~
6frrtl- d fVfbd-~ f'~_-::?~ r"<-~1 .,:, I"~, (.rl...~;
and more commonly known as: 950-9 East Durant Avenue, Aspen,
Colorado.
2. Dwelling units. 1, 3 4, and 8, which are located on
the above-described property shall be and hereby are, for five
(5) consecutive yea s from he date of Aspen City Council
approval, restricted to u e as employee housing as described in
Section 24-11.4(b) (3) f the Municipal Code of the City of
. Aspen. For the above- erred to time period, units 1 and 3
~9~ \ shall be restricted t re tal and sale terms and price
-\; --k P6r- guidelines and to oc upanc limitations within "moderate
o \'tt'~ '>----- income" housing el' ibility idelines now established by the
LtC'" ,k\l(,l~ ~ ---ct--e ounc], 0 t -"'CT'ty 0 As e or as such guidelines may .c 11-5
-r~~~ from time-to-time be amended b the City Council.~Similarly, Jos'~'
~xr.k1l'" uni ts 4 and 8 sh 11 be rest,' cted to rental and sale terms and 0
If" price guidelines to'occupancy limitations within such "low
income" housing eligibility guidelines as are now established .
or which may from time to time be amended by the City Council~ ,~
clJ>S'~'
3. Except as otherwise provided herein, the four (4) .
above-referred to units shall be rented or sold only to persons
"qualified" for employee housing, as defined in the Aspen
Municipal Code, as amended, and so identified and qualified by
the City Council of .the City of Aspe'n or its designee, pursuant
to the City's then-existing qualification process for employee
housing. ,411 ,^..".... ~rj.dprJi#;,Y''';~ ~ tor ';A-f
4. ~dwelling uni~ereLL"J Lo ,;,,, pll.xagraph 2 abev~
are hereby restricted to six (6) month minimum leases with no
more than two (2) shorter tenancies per calendar year, all as
defined in the Aspen Municipal Code, as amended.
~
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5. However, if the four (4) above-referred to units are
offered to, but not rented by "qualified" employees within
thirty (30) days after written notice to the City and the City
does not furnish any prospective tenants who rent such vacant
units, the Buyer may rent the same to other "non-qualified"
persons at such rentals then in effect for the condominium 1
provided that at the expiration of the minimum rent term ~ . ~O
customary for the condominium to such "non-qualified" perso b~~
the affected unit or units shall be rented to a "qualified" f~..f.^
renter if one is furnished by City as provided herein. ~8)~J
)
6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become, in the
sole jUdgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the Kessler '
Condominiums, Covenantor will make no objection to any special
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and/or on the basis that the premises will not be served or
benefited by the improvement or improvements proposed.
Covenantor further agrees to join, upon the City's demand
therefor, any improvement district formed for construction of
such improvements (including, without limitation, drainage,
underground utilities, paving, planting, curbs, gutters,
sidewalks, street lights, etc.) in the area of the Kessler
Condominiums or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
,...." . '. .' -2,'::::';>,,/
7. The covenants contained herein shall run with the
land and shall be binding on all parti,es having any right,
title or interest in the above-described property or any part
thereof, and the~representatives, successors and assigns, for
the period of the life of the longest-lived member of the
presently-constituted Aspen 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 recorded11 L?'cr--pr~
CN"<--"t c"","-,-cd '" f"'tr/fs ;); ~ ~5.
8. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen reflected
by resolution of the City Council of the City of Aspen.
9. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its costs and fees therein,
including its reasonable attorneys fees and expert witness
fees.
-2-
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11
~
" !
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR THE KESSLER CONDOMtN'tUMS
WHEREAS, SEPP KESSLER (hereinafter "Applicant"), is
the owner of a parcel of real property (and the improvements
thereon) situate in the City of Aspen, Pitkin County, Colorado,
more particularly described as follows:
The westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of Cleveland
Street (vacated) lying adjacent to said Lot K, Pitkin
County, Colorado
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing
the building on the subject property such building to be known
as The Kessler Condominiums; and
WHEREAS, the Aspen Planning an Zoning Commission at its
8 meeting of March 7, 1983, determin d that such exception would
be appropriate and recommended th t the same be granted,
subject, however, to ~rtain co itions; and
WHEREAS, the City ~unci determined at its meeting of
April 28, 1983 that such ~xc ption was appropriate and granted
the same, subject, however~ to certain conditions as follows:
NOW THEREFORE, the C'ty ouncil of Aspen, COlorado, does
determine that the owner's app 'cation for exception from the
full subdivision proces for the urpose of condominiumization
of the above-described property i proper and hereby grants an
exception from the fu subd~ n process for such
condominiumization; ,~
PROVIDED, HOWEVER, that the foregoing exception is ex-
pressly conditioned upon (1) the Applicant's immediate recording
with the Pitkin County Clerk and Recorder of that certain
"Declaration of Covenants, Restrictions and Conditions for The
Kessler Condominiums", dated , 1983, a
copy of which is attached hereto as Exhibit "A", and (2) the
Applicant's strict compliance with the provisions contained
therein and all other binding conditions of approval on this
matter set by the Planning and Zoning Commission and/or the
City Council, for itself, its successors and assigns.
-3-
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^
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o
EXCEPTION FROM THE FULL SUBDIVISION
R THE PURPOSE OF CONDOMINIUMIZATION
R THE KESSLER CONDOMINIUMS
WHEREAS, SEPP KESSLER (hereinafter "Applicant"), is
the owner of a parcel of real property (and the improvements
thereon) situate in the City of Aspen, Pitkin County, Colorado,
more particularly described as follows:
The westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of Cleveland
Street (vacated) lying adjacent to said Lot K, Pitkin
County, Colorado
WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing
the building on the subject property such building to be known
as The Kessler Condominiums; and
!3
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of March~, 1983, determined that such exception would
be appropriate and recommended that the same be granted,
subject, however, to certain conditions; and
frocA'Zb
WHEREAS, the City Council determined at its meeting of
~~flril 28, 1983 that such exception was appropriate and granted
the same, subject, however, to certain conditions as follows:
NOW THEREFORE, the City Council of Aspen, Colorado, does
determine that the owner's application for exception from the
full subdivision process for the purpose of condominiumization
of the above-described property is proper and hereby grants an
exception from the full sUbdivision process for such ~~
condominiumization; c.~S "
PROVIDED, HOWEVER, that the foregoing ~Ption is ex-
pressly conditioned upon (l) the APPlican~"f~~",,-aili tc: recording
with the Pitkin County Clerk and Recorder of that certain
"Declaration of Covenants, Restrictions and Conditions for The
Kessler Condominiums", dated , 1983, ~
sOllY of wLi.ch i3 attacflca fleretl? ~s Ex!:lieit "l'r", and (2) the
Applicant's strict compliance with the provisions contained
therein and all other binding conditions of approval on this
matter set by the Planning and Zoning Commission and/or the
City Council, for itself, its successors and assigns.
-3-
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ORDINANCE NO. J.'
(Series of 1958)
AN ORDINANCE VACATING A PORTION OF CLEVELAND STREET IN THE CITY
OF ASPEN, STATE OF COLORADO.
WHEREAS, the City Council of the City of Aspen passed
and approved a resolution March 17, 1890, providing for the vaca~
tion and abandonment of Cleveland Street from the South line of
Cooper Avenue South to the North line of Durant Street and from
the South line of Durant Street to its intersection with the North
line of Waters Avenue,
, WHEREAS, the County Assessor has shown said property upon
the asseSsment roll of the County of Pitkin and has assessed and
collected taxes thereon from March 17, 1890, to date,
WHEREAS, the said portion of Cleveland Street described
above has not been used as a public street and is not necessary
to the public and that no adjoining property owner would be ad-
versely affected or deprived of ingress or egress to their
property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN:
SECTION ONE: That all that part of Cleveland Street in
the City of Aspen from its intersection with the South line of
East Cooper ,Avenue southerly to its inter~ection with the North
boundary of Durant Avenue and from the South boundary of Durant
Avenue southerly to its irtersection with the North boundary of
Waters Avenue, shall be, and the same llereby is vacated as a
public street.
SECTION TWO: That there is expressly reserved from the
above vacation of Cleveland Street an easement for the use, opera-
tion, construction, and maintenance of public utilities to be
placed underground and overhead, including, but not exclusively,
power and telephone lines, water lines, gas mains, sewer mains,
and other utility easements of a like nature, but excluding roads
and surface easements. ." . . d
Introduced, read and ordered published this ~,aay
of February, 1958. )
a ~ .,/ /)0
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MAYOR
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ATTBST:
.rtftit:flz A 1_
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I, ETHEL M. FROST, City Clerk of the City of Aspen
Colorado, do hereby certify that the foregoing Ordinance was'
introduced and read at a regul~r meeting of the City Council
of said City held on the /7"" day of ,~l,___./-<--v.A" 1958, and
by order of the said City Council was published (as a proposed
ordinance as the law directs and for more than ten (10) days
prior to its pas~age in the Aspen Ttmes, legal newspaper; and
that on the -3~'day of (I'-PJ,-""L, ,1958, the saia proposed
Ordinance was read and passed by the City Council aforesaid, the
said meeting of said City Council being a regular meeting and
ordered published in the aforesaid newspaper as the law directs.
Colorado,
WITNESS ~ hand and
this ~ day of
~iciall' seal of the City of Aspen,
/VV~, , 1958.
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No. d ~g3
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE:
2. APPLICANT: Sr.pp :1(uv~
STAFF: &~ ~
3. REPRESENTATIVE: I?~.k JI/J7e~TJU<'./J
9;;;O-/70t)
4. PROJECT NAt1E: /(~I fJrndh!LL;'~Uh711y:t7thJ./7 :i!&1'7i1J-, cfya;f,
5. LOCATION: 95() -q(P() ~. m/r./~-I-
~
6. TYPE OF APPLICATION:
)
)
.
4 Step:
GMP {
PUD {
2 Step:
Subdivision
~SUbdivision Exception
GMP Exception {
Rezoning {
. .
({!tnMmj47//jm7~tt0-J
)
)
)
SPA
1 Step:
Use Determination
Conditional Use
Special Review (
)
HPC
No. of Steps:
Other:
7. REFERRALS,~
LAttorney
~Engineering Dept.
_Housing
Water
_City Electric
8. DISPOSITION~
/-/8'-573
_Sanitation District
_Mountain Bell
Parks
Holy Cross Electric
vi Fire Marshal/Building 'Dept,
_School District
_Rocky Mtn. Nat. Gas
_State Highway Dept.
--Fire Chief
--"pther
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",/ /' Denied Date -=sf? X' /;;:,7") ,
Counci 1-L- Approved-L-
/7 f' (, ,
( h-Fl ,-f I ~n Y'rJ/l.'~ ,
1. The improvements necessary to meet 1 ife, health and
safety codes outlined by the Building Department be com- \
Pleted1Prior to the fdi1~ng of the Final Condominium Plat. 1:,'
~ .[.: Said p at to be file wlthin 90 days of final action by .
Counci 1.
-:
2. All plat change requirements and changes on-site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
-3.
9. l
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10. H
5.
4.
, The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for , .' J I
~he parking area pdjace,nt tq, DU. r.ant Avenue, !)n i-ic.L <2,%,,-> S})-"c~a~
.y'""'" ....<O.>--\-1ic""""f';...,d, ,.<? <':\'Io.,?:- -1>",- 1""-,:\,,,--'\0 ::;:.,q?, aJr J~cQ ...tf-::.
Compliance with Section 20-22' requirements, spec'ifically :~'!'f'~-:.'J":,,ll4
~a) that tenants be 'given writ~en notice when their unit X,c-:,~;~:.,\ Gas
lS offered for sale and they Wlll have a gO-day nqn- . 'c--'-'~~t,e t
assignable option to purchase. In addition, each tenant " '- p.
shall have a 90-day exclusive non-assignable rlght of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
two shorter tenancies per year,
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Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category. "
11. FINAL 'PLAT
Council
Approved
Denied
Date
TO:
FROM:
RE:
DATE:
Loca ti on:
Zoning:
Applicant's
Reques t:
Referra 1
Comments:
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MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Kessler Subdivision Exception - Condominiumization
March 28, 1983
APPROVED AS TO FORM:
950-960 East Durant/Lot K
37, East Aspen Addition,
R-MF.
Subdivision exception for the purpose of condominiumization
of the two buildings on the property which contain a total of
eight apartments.
The Attorney's Office requires that deed restrictions be filed
for the employee units, and that a Statement of Subdivision
Exception and Declaration of Covenants and Restrictions be
filed, The Attorney's Office would like it noted as part of
the record that non-conformities exist and an Encroachment
License must be obtained for the parking spaces which are
located in the City right-of-way.
The Building Department noted the following corrections to the
structures as necessary for life, health and safety, A permit
should be obtained and all corrections must be accomplished
before the condominium plat is filed to assure compliance.
The items to be checked and improved where required are:
1. Hand rails, guard rails and stairways should be brought
into compliance as per the 1979 edition of the Uniform
Building Code.
2. Electrical service at Units 1 through 4 is not adequate
approximately 25 amps/unit.
3. Electrical service in Unit 5 through 8 needs further
verification,
4. Smoke detectors to be installed per Section 1210, 1979
edition U.B.C.
5. Entry from bedroom of Unit 8 to boiler room to be closed
per Section 1309, U.P.C.
The Engineering Department asks for the following clarifications
both on the plat and on the site:
1. Parking - The application states that parking for eight
vehic:lp, pyic::tc:: nn_c:;+o T+ ..,........1..1 _____.~ -'--L _, , .
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,
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Memo: Kessler Condominiumization
Page Two
March 28, 1983
2. Trash - The dumpster in the alley adjacent to the site
must be relocated onto the site and its location designated
on the condominium plat.
3, Improvement Di s tri ct - The Durant Avenue ri ght-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting, The applicant and subsequent
condominium association should be required to jOin any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat
should be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property,
b. Indicate adjacent lots.
c. Designate general and limited common elements both
on the site and within the structure. These may
nclude parking, trash receptacle area, open space,
mechanical rooms, common entrances, storage, etc.
Planning
Revi ew:
Office
The applicant has supplied rental information on the units and
the attached affidavit to comply with the requirements of
Secti on 20-22. Four of the units fall wi thi n the parameters of
the employee housing guidelines (Units 1, 3, 4 and 8) and the
Kesslers have agreed to deed restrict these units for five years
from the date of Council approval. Units 1 (72tlsq.ft,) and
3 (68t/sq. ft,) fall within the "moderate" category and Unit 4
(57t/sq. ft.) and 8 (5lt/sq. ft.) are in the "low" income category,
Eight off-street parking spaces exist and some are in the City
right-of-way on Durant. An Encroachment License should be
obtained for these and the spaces adjacent to the alley should
be shown on the Final Condominium Plat as either general or
limited common elements,
The Kesslers have indicated .in the application that there is
no immediate plan to sell units or to terminate any current
tenancies. The condominiumization is desired for estate planning
purposes and flexibility to meet potential economic needs.
The applicants are aware of the requirements of Section 20-22
in terms of noticing tenants of the sale of a unit and the
first right of refusal provision, Also, the restriction of
six-month minimum leases with no more than two shorter tenancies
per year will be initiated.
Planning and Zoning
Commission and
Planning Office
--
J
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Memo: Kessler Condominiumization
Page Three
March 28, 1983
2, All plat change requirements and changes on-site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue.
4, Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non-
assignable option to purchase. In addition, each tenant
shall have a 90-day exclusive non-assignable ri9ht of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
restricted to six month minimum leases with no more than
two shorter tenancies per year.
5, Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "low" income
category.
Council
Action:
The appropriate motion is:
"I move to approve subdivision exception for the Kessler
property located at 950-960 East Durant, Aspen with the following
conditi ons:
1. The improvements necessary to meet 1 He, hea lth and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat.
Said plat to be filed within 90 days of final action by
Council.
2. All plat change requirements and changes on-site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat,
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for ~ I I
~the parking are,a pdjacent to, Dura~t Ay..enue, 6r1 i-t,.JL Gt...rtk S!3-v,qa.vt\
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(a) that tenants be given written notice when their unit ~ I
is offered for sale and they wi 11 have a 90-day non- o-f,.L,''''''' "',
assignable option to purchase. In addition, each tenant ~
shall have a 90-day exclusive non-assignable right of
first refusal which shall commence when a bona fide offer
is made bv a thirrl n~r~nn ~nA fh\ ~" .._~~_ _L_" ,
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Kessler Subdivision Exception - Condominiumization
DATE: March 8, 1983
Location: 950-960 East Durant/Lot K and the west 22 feet of Lot L, Block
37, East Aspen Addition,
Zoning: R-MF.
Applicant's
Request:
Subdivision exception for the purpose of condominiumization
of the two buildings on the property which contain a total of
eight apartments.
Referral
Comments:
The Attorney's Office requires that deed restrictions be filed
for the employee units, and that a Statement of Subdivision
Exception and Declaration of Covenants and Restrictions be filed.
The Attorney's Office would like it noted as part of the record
that non-conformities exist and an Encroachment License must
be obtained for the parking spaces which are located in the
City right-of-way,
/
The Building Department noted the following corrections to the
structures,as"necessary for life, health and safety. A permit
~~.\L D~~A.~
~l be Lssued and all corrections must be accomplished before
the condominium plat is filed to aSSure compliance.
The items to be checked and improved where required are:
1. Hand rails, guard rails and stairways should be brought
into compliance as per the 1979 edition of the Uniform
Building Code.
2. Electrical service at Units 1 through 4 is not adequate _
approximately 25 amps/unit.
3. Electrical service in Unit 5 through 8 needs further
verification.
4. Smoke detectors to be installed per Section 1210, 1979
edition U.B.C,
5. Entry from bedroom of Unit 8 to boiler room to be closed
per Section 1309, U.B,C.
The Engineering Department asks for the following clarifications
both on the plat and on the site:
1, Parking - The application states that parking for eiaht
1"'.
t)
Memo: Kessler
March 8, 1983
Page Two
2. Trash - The dumpster in the alley adjacent to the site must
be relocated onto the site and its location designated on
the condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat should
be amended as follows:
a, Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
c. Designate general and limited common elements both on
the site and within the structure. These may include
parking, trash receptacle area, open space, mechanical
rooms, common entrances, storage, etc.
Planning Office
Review: The applicant has supplied rental information on the units and
the attached affidavit to comply with the requirements of
Section 20-22. Three of the units (#1, 4 and 8) fall within the
parameters of the employee housing guidelines and Mr, Kessler
has agreed to deed restrict these units for five years from the
date of Council approval, The rental information provided for
Unit #3 was for an insufficient period of time and the applicant's
legal counsel is researching back for the required 18 month :;~
period to determine the rents charged. If the result of the \4\~~'\
"''2.(' LL~ 0r~search places Unit 3 :<ithin employee price guidelines',}t:__.~~, \I;'s,:')' .
lA,,,,,\- ~ ,~"8'tI"-+' wlll also be ,deed restrlcted to the "moderate" categoryt;and veA
"""""-v,,,*~. Units 4 (57~/sq. ft.) and 8 (51~/sq, ft.) would be in the "low"
income category.
Eight off-street parking spaces exist and some are in the City
right-of-way on Durant. An Encroachment License should be
obtained for these and the spaces adjacent to the alley should
be shown on the Final Condominium Plat as either general or
limited common elements,
The Kesslers have indicated in the application that there is no
immediate plan to sell units or to terminate any current tenancies.
The condominiumization is desired for estate planning purposes
and flexibility to meet potential economic needs.
The applicants are aware of the requirements of Section 20-22
in terms of nO"f-ir.;nN h:::>-n::.1"'lf,co r..+ .j..t..~ __,_ __"-"
Memo: Kessler
March 8, 1983
Page Three
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1.
The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
p}eted prior to the ,filin'i', ,?f, the Final Condominium Plat. L.. () ,
~d. '1"'\ ccl- -+-, b..<L -\" ; <.J ,--, rl-i-u VI '10 d,,~ oS,( s,:;;",o.S( QC.-tio-Y\. "I'! '-----e-w,-",l
All plat change requirements and changeS on-site outlined b~
the Engineering Department be completed prior to filing of
the Final Condominium Plat,
2.
3,
The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for the
parking area adjacent to Durant Avenue.
4.
Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a 90-day non-assignable
option to purchase. In addition, each tenant shall have
a 90-day exclusive non-assignable right of first refusal
which shall commence when a bona fide offer is made by a
third person, and (b) all units shall be restricted to
six month minimum leases with no more than two shorter
tenancies per year.
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TO:
FRO~l:
RE:
DATE:
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MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Kessler Subdivision Exception - Condominiumization
~larch 28, 1983
APPROVEO AS TO FORM:
location:
Zoning:
Applicant's
Request:
Referra 1
COiPments:
950-960 East Durant/Lot K and the west 22 feet of lot L, Block
37, East Aspen Addition,
R-MF.
Subdivision exception for the purpose of condominiumization
of the two buildings' on the property which contain a total of
eight apartments,
The Attorney's Office requires that deed restrictions be filed
for the employee units, and that a Statement of Subdivision
Exception and Declaration of Covenants and Restrictions be
filed. The Attorney's Office would like it noted as part of
the record that non-conformHies exist and an Encroachment
license must be obtained for the parking spaces which are
I oca ted in the City ri ght-oF-way,
The Building Department noted the following corrections to the
structures as necessary for 1 ife, health and safety. A permit
should be obtained and an corrections must be accomplished
before the condominium plat is filed to assure compliance.
The items to be checked and improved where required are:
1. Hand rails, gUDrd rails and stairways should be brought
into compliance as per the 1979 edition of the UnHorm
Bui 1 di ng Code.
2. Electrical service at Units 1 through 4 is not adequate
approximately ,25 amps/unit.
.
3. Electrical service in Unit 5 through 8 needs further
verification,
4. Smoke detectors to be installed per Section 1210, 1979
edition U,B,C.
5. Entry from bedroom of Unit 8 to boiler room to be closed
per Section 1309, U.P.C.
The Engineering Department asks for the following clarifications
both on the plat and on the site:
1, Parking - The application states that parking for e~ght
.._~~_,__ _..~_L_ __ _~L_
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Memo: Kessler Condominiumization
Page Two
March 28, 1983
2. Trash - The dumpster in the alley adjacent to the site
must be relocated onto the site and its location designated
on the condominium plat,
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat
should be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property,
b. Indicate adjacent lots.
c. Designate general and limited common elements both
on the site and within the structure, These may
include parking, trash receptacle area, open space,
mechanical rooms, common entrances, storage, etc,
Planning
Review:
Office
The applicant has supplied rental information on the units and
the attached affidavit to comply with the requirements of
Section 20-22, Four of the units fall within the parameters of
the employee housing guidelines (Units 1, 3, 4 and 8) and the
Kesslers have agreed to deed restrict these units for five years
from the date of Council approval. Units 1 (72<t/sq.ft,) and
3 (68<t/sq.ft.) fall \'Iithin the "moderate" category and Unit 4
(57<t/sq, ft,) and 8 (511lsq, ft,) are in the "low" income category.
Eight off-street parking spaces exist and some are in the City
right-of-way on Durant, An Encroachment License should be
obtained for these and the spaces adjacent to the alley should
be shown on the Final Condominium Plat as either general or
1 imited common elements.
.
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The Kesslers have indicated in the application that there is
no immediate plan to sell units or to terminate any current
tenancies. The condominiumization is desired for estate planning
purposes and flexibility to meet potential economic needs.
The applicants are aware of the requirements of Section 20-22
in terms of noticing tenants of the sale of a unit and the
first right of refusal provision. Also, the restriction of
six-month minimum leases with no more than two shorter tenancies
per year will be initiated.
Planning and Zoning
Commission and
Plannino nffir"
. ,
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Memo: Kessler Condominiumization
Page Three
March 28, 1983
2, All plat change requirements and changes on-site outlined
by the Engineering Department be completed prior to
fi 1 i ng of the Fi na I Condomi ni um P1 at.
3. The necessary documents be filed with the City Attorney's
office, i.e., a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue.
4. Compliance with Section 20-22 requirements, specifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a gO-day non-
assignable option to purchase, In addition, each tenant
shall have a 90-day exclusive non-assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
l'estricted to six month minimum leases with no more than
two shorter tenancies per year,
5, Units 1 and 3 shall be deed restricted to the "moderate"
income category and Units 4 and 8 in the "'low" income
category.
Council
Acti on:
The appropriate motion is:
"1 move to approve subdivision exception for the Kessler
property located at 950-960 East Durant, Aspen with the following
conditi ons:
1. The improvements necessary to meet life, health and
safety codes outlined by the Building Department be com-
pleted prior to the filing of the Final Condominium Plat,
Said plat to be filed within gO days of final action by
Council.
2,
All plat change requirements and changes on-site outlined
by the Engineering Department be completed prior to
filing of the Final Condominium Plat.
.
3, The necessary documents be filed with the City Attorney's
office, i.e" a Statement of Subdivision Exception,
Declaration of Covenants and Restrictions, Deed Restrictions
for the Employee Units and an Encroachment License for
the parking area adjacent to Durant Avenue.
4, Compliance with Section 20-22 requirements, speCifically
(a) that tenants be given written notice when their unit
is offered for sale and they will have a gO-day non-
assignable option to purchase. In addition, each tenant
shall have a gO-day exclusive non-assignable right of
first refusal which shall commence when a bona fide offer
is made by a third person, and (b) all units shall be
,
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AFFIDAVIT
or.'
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the vlest 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately ?S- years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months p~ior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as dete:r:L5,w:d by the
Aspen City Council.
~~ ~-~ ~J--
Sepp KeSrer
STATE OF COLORADO
ss.
COUNTY OF PITKIN
of
.
Subscribed
G5t..< Q /,~, \-'), ^'
and sworn teo before me thi s 'd\ "'\,,____ day
, 1982, by Sepp Kessler. ------
WITNESS my hand and official seal.
My commission expires: V)\\d-\c~ "':>
~ 0v~,,~). ~,'\l.~
Notary Public
Address: \..cOo ~ ,"'-\..~~'
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LAW 0 rF"IC!:S
OATES, HUGHES 8< Iz..~EzE;vrCH
PROFt:SSIONAL CORPORATION
SUITE 200
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
600 EAST HQP'K1NSAVENUE
ASPEN, COLORADO 81611
January 10, 1983
AREA CODE 303
TELEI=>HONE 920-1700
TELECOP1E:R 920--'1121
Aspen/Pitkin Planning Office
Ci ty Hall
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-33.
General Property Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East ~spen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
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OATES, HUGHES & KNEZEVICH, p, C,
January 10, 1983
Page 2
Approx. Approx. Time
Size in Occupied by
Unit Number Use Type Sq. Ft. Rental Current Tenant
1 Rental Studio 412 $300 2 yrs
2 Rental 1 BR 464 $400 7 yrs
3 Rental 1 BR ,510 $450 4 mos
4 Rental 1 BR 700 $400 3 yrs
5 Owner/Family 1 BR 1886 N/A N/A
Occupied
6 Owner/Family 2 BR 1245 N/A N/A
Occupied/short
term winter rental
7 Owner/Family Studio 475 N/A N/A
short term
winter rental
8 Rental 1 BR 879 $450 4 yrs
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other'City department with
respect to any engineering or other concerns it may have.
ReaSon For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
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OATES, HUGHES & KNEZEVICH, p, C.
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written'notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety-day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety-day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
lease~ with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11. 4 (b) (4) (aa) .
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be aoorovpc1 hv teihT
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O."-TES, HUGHES & KNEZEVICH, P. C.
January 10, 1983
Page 4
Planning Co~~ission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
BYC~~--~
RJ.5-1mrd p4K!!:1'Zevich
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MEMORANDUM
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TO:
Colette Penne, Planning Office
FROM:
Jay Han~ond, City Engineering Office
*
DATE: February 3, 1983
RE: Kesseler Subdivision Exception
-- - -- --- - - - --- - - --'-- - -.... - -- -- - -'--.-- -- -,- -,- -- - --,- -- - - - - - - -- - - -,-
Having reviewed the above submission, and made a site insnection,
the Engineering Department has the following commments: -
There are a number of items relative to this application
requiring clarification both on the plat and on the site.
1. Parking - 'l'he application states that parking for eight
vehicles exists on-site. It would appear that parking
adjacent to Durant is in the right-of-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and assign their status as general or limi,ted common elements.
2. Trash - The dumpster in the alley adjaceni: to the site must
be relocated onto the site and its location designated on the
condominium plat.
3. Improvemeni: District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat should
be amended as follows:'
.
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
c. Designate general and limited common elements both on
the site and within the structure. These may include
parking, trash receptacle area, open space, mechanical
rooms,common entrances, storage, etc.
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ASPEN$prTKGN REGmONAL BUmLDffiNG DEPARTMENT
MEMORANDUM
TO: Collette Penne, Plan~er
FROM: Patsy Newbury
f\
DATE: February 25, 1983
HE: Kessler Condomini,wnization
All of the corrections in the enclosed report are necess8Xj7 for life safety. A perrrLtt
should be issued and all corrections accomplished before the final plat is filed. This
would give this Department assurances of compliance,
The Floor Area Ratio seems to comply if the square footage indicated in the application
is accurate. Open space may not be adquate but these buildings are pre-existing.
cc: John Ostwald
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MEMORANDUM
TO: Patsy Newbury, Acting Building Official
FROM: John Ostwald, Inspector
DATE: February 24, 1983
RE: Fire, Life & Safety Inspection
950-960 E, Durant
Listed below are items that should be attended to at the
Ke:tsler Property whether they are condomiunumi,zed or not:
1) Handrails, guardrails and stairways should be brought into
compliance, 1979 ed U.B,C.
2) Electrical service at units #1 through #4 not adequate -
approximately 25 amps per unit,
3) Electrical service is questionable in units #5 through
#8,
4) Smo!{e detectors to be installed per Section 1210, 1979 ed U, B, C,
5) Entry from bedroom of unit #8 to boiler room to be closed per
Section 1309, 1982 U,P.~.
.
Would you please omit the ones that you feel maybe unnecessary and
forward to Collette.
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AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately )~ years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as determined by the
Aspen City Council.
'epP~ j/~~
STATE OF COLORADO
ss.
COUNTY OF PITKIN
Subscribed and sworn to before me this '~\~day
of ~Q~'--'U' , 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires: v:,\\d-\i, "")
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Notary Publ~c "-
Address: "" () a ~ ,"''''~ k' ,
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LAW 0 "!'"ICES
OATES, HUGHES & K"JEZEVICH
LEONARD M. OATES
ROBERT W. HUGHES
RICHARO A. KNEZEVICH
DEBORAH OUINN
F>ROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
January 10, 1983
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1I21
Aspen/Pitkin Planning Office
Ci ty Hall
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-33.
General Property Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
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OATES, HUGHES &: KNEZEVICH, p, C,
January 10, 1983
Page 2
Approx. Approx. Time
Size in Occupied by
Unit Number Use Type Sq. Ft. Rental Current Tenant
1 Rental Studio 412 $300 2 yrs
2 Rental 1 BR 464 $400 7 yrs
3 Rental 1 BR 510 $450 4 mos
4 Rental 1 BR 700 $400 3 yrs
5 Owner/Family 1 BR 1886 N/A N/A
Occupied
6 Owner/Family 2 BR 1245 N/A N/A
Occupied/short
term winter rental
7 Owner/Family Studio 475 N/A N/A
short term
winter rental
8 Rental 1 BR 879 $450 4 yrs
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
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OATES, HUGHES & KNEZEVICH, p, C.
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety-day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety-day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least .one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11.4(b) (4) (aa).
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
f""".,
i"'""\
OATES, HUGHES & KNEZEVICH, p, C.
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
BY~~-<U
Rl rd)f;;JK~eVich
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MEMORANDUM
TO:
Colette Pe!lIle, Pl<'iQE~Jlg Office
Jay Hammond, city Engineering Office
MP"t' I
FROM:
DATE: February 3, 1983
RE: Kesseler Subdivision Exception
-- - ---- -- -- - ---- -- -- _._-- ------ _.- -- _.- ---,- --_._....'- _.- - -- _.- - -- -,-.-,-
Having reviewed the above submission, and made a site inspection,
the Engineering Department has the following commments:
There are a number of items relative to this application
requiring clarification both on the plat and on the site.
1. Parking - The application states that parking for eight
vehicles exists on-site. It would appear that parking
adjacent to Durant is in the right-af-way and as such
could not be designated for specific units. The plat
should clearly indicate all spaces adjacent to the alley
and as.sign their status as general or limited common elements.
2. Trash - The dumpster in the alley adjacent to the site must
be relocated onto the site and its locationaesiLgnated .on the
condominium plat.
3. Improvement District - The Durant Avenue right-of-way
adjacent to the site does not currently contain sidewalk
or extensive lighting. The applicant and subsequent
condominium association should be required to join any
future improvement district per the deed restriction
language on file in the City Attorney's office.
4. Plat - Prior to submission for recordation, the plat should
be amended as follows:
a. Note encroachment of northwest carport onto adjacent
property.
b. Indicate adjacent lots.
c. Designate general and limited common elements both on
the site and within the structure. These may include
parking, trash receptacle area., open space, mecnanical
rooms, common entrances, storage, etc.
TO:
FROM:
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MEMORANDUM
,
Patsy' 'Newbury"-'-~"'" "'''''\r'
February 25, 1983
DATE:
RE:
Kessler Condorrrlniumization
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All of the corrections Tn tfie enclos'ed"report areneces'sary 't"or'fil;e"'safety7"'A periiiir"~""-'1~
should be issued and all corrections 'accompIlsned before the final plat is filed, ThIs ill
would give this I5epartllientassurances or- compHance: ..', . ' , ~
,~.:
The Floor Area Ratio seems to comply if the square footage inaicateCf'ln'tne'appTfcatlon""" ~
is accurate. Open space may not be adquatebuf these bUildings' are pre-'-exi'sting," ,.., I
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offices:
110 East Hallam $treet
Aspen, Colorado 81611 3d'3/92S';'5973
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MEMORANDUM
TO: Patsy Newbury, Acting Building Official
FROM: John Ostwald, Inspector
DATE: February 24, 1983
RE: Fire, Life & Safety Inspection
950-960 E. Durant
Listed below are items that should be attended to at the
Kessler Property whether they are condomiunumized or not:
1) Handrails, guardrails and stairways should be brought into
compliance. 1979 ed U,B.C.
2) Electrical service at units #1 through #4 not adequate -
approximately 25 amps per unit,
3) Electrical service is questionable in units #5 through
#8,
4) Smoke detectors to be installed per Section 1210, 1979 ed U.B.C.
5) Entry from bedroom of unit #8 to boiler room to be closed per
Section 1309, 1982 U,P,C.
Would you please omit the ones that you feel maybe unnecessary and
forward to Collette.
~
~
--
l.AW OPF'ICES
OATES, HUGHES & KNEZEVICH
LEONARD lvi, OATES
ROBERT W. HUGHES
RICHARO A. KNEZEVICH
DEBORAH QUINN
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
January 10, 1983
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Aspen/Pitkin Planning Office
Ci ty Hall
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-~.
2Z
General Property Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
1"""\.
r"'\
i
OATES, HUGHES & KNEZEVICH, p, C,
January 10, 1983
Page 2
Approx. Approx. Time
Size in Occupied by
Unit Number Use Type Sq. Ft. Rental Current Tenant
0 Rental Studio 412 $300 2 yrs :j-zt
2 Rental 1 BR 464 $400 7 yrs
3 Rental 1 BR 510 $450 4 mos
CV Rental 1 BR 700 $400 3 yrs s::H
5 Owner/Family 1 BR 1886 N/A N/A
Occupied
6 Owner/Family 2 BR 1245 N/A N/A
Occupied/short
term winter rental
7 Owner/Family Studio 475 N/A N/A
short term
winter rental
CD Rental 1 BR 879 $450 4 yrs sIt
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
1""'.
~
OATES, HUGlIES & KNEZEVIClI, p, C,
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety-day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety-day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11. 4 (b) (4) (aa).
In conclusion, we request that the condominiumization
requested by this application be excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
1""'-,
~
OATES, HUGHES & KNEZEVICH, p, C.
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
BY~~'~
Rl rd~K evich
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MEMORANDUM OF OWNERSHIP
ACCOMMODATION - NO LIABILITY
4.;.,...:.,....<.--..,
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OATES, HUGHES
600 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: RICK K.
correspondence to:
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ORDER NUMBER 7300231
Description:
LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED JULY
Trust deeds and mortgages apparently unreleased:
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation, The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property, The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Gua'ranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22
,19 82, at 8:00 A,M,
Tl'ansamel'lCa Tlfle Insul'ance Company
Bj,"U~.~~
F'onn No. C-567
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MEMORANDUM
DATE: January 27, 1983
TO: Colette Penne
FROM: Paul Taddune
RE: Kessler Condominiumization - Subdivision Exception
The application should be considered in light of the requirements
of Section 20-22. As a matter of procedure from now on, I think
it advisable that applicants submit a verified statement acknow-
ledging and representing compliance with Section 20-22, as well as
a copy of the proposed restrictive covenants pertaining to the
property, so my office can review the necessary documents, as to
form, prior to consideration of the approval. Additionally, this
application might be appropriate for processing through the "quick
step" approach now being recommended by me, Sunny and Alan.
PJT/mc
,
.,
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LAW 0 ~F"ICES
LEONARO M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
OATES, HUGHES & KNEzEVICH
PRO FES!:liCft>JAC' c6i:'i~H~'~Hb'N
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 61611
January 10, 1983
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Aspen/Pitkin Planning Office
Ci ty Hall
130 South Galena
Aspen, CO 81611
City Council
City of Aspen
130 South Galena
Aspen, CO 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Proposed Condominiumization of Existing Apartments
Ladies and Gentlemen:
We represent Sepp Kessler who by this application seeks
your approval to condominiumize certain real property currently
owned by him, pursuant to the subdivision exception provisions of
Aspen City Code Section 20-19 and the condominiumization
provisions of Section 20-33.
General Property Information
The subject property is located at 950-960 East Durant.
The legal description of the property is as follows:
The Westerly 22 feet of Lot L, all of Lot K in Block 37
East Aspen Townsite and the easterly 57 feet of
Cleveland Street (vacated) lying adjacent to said Lot
K, Pitkin County, Colorado.
There are currently two buildings on the subject
property. Such buildings contain a total of 8 apartment units.
A proposed condominium map is enclosed for your review.
The following chart sets forth the current status of
such units.
----
,..."
i1
OATES, HUGHES & KNEZEVICH, P. G,
January 10, 1983
Page 2
1 Rental
Approx.
Size in
Type Sq. Ft. Rental
Studio 412 $300
Approx. Time
Occupied by
Current Tenant
Unit Number Use
2 yrs
2 Rental
1 BR 464 $400
7 yrs
3 Rental
1 BR 510 $450
1 BR 700 $400
4 mos
4 Rental
3 yrs
5 Owner/Family
Occupied
1 BR 1886 N/A
N/A
6
Owner/Family 2 BR
Occupied/short
term winter rental
1245
N/A
N/A
7
Owner/Family Studio
short term
winter rental
475
N/A
N/A
8
Rental 1 BR
879
$450
4 yrs
Eight off-street parking spaces are currently provided
for the units.
The applicant is willing to work and cooperate with the
City Engineering Department and any other City department with
respect to any engineering or other concerns it may have.
Reason For Condominiumization
Mr. Kessler has no present plans to sell any of the
condominiumized units or to terminate any current tenancies.
However, condominiumization is sought as part of an overrall
estate plan for the Kesslers. Both Mr. and Mrs. Kessler are
retired and the ability to sell individual units will provide
needed flexibility to meet the potential economic needs of the
Kesslers.
"
~
OATES, HUGHES & KNEZEVICH, P. C,
January 10, 1983
Page 3
Compliance with Statutory Requirements
In connection with the proposed condominiumization, Mr.
Kessler will comply with the following:
1. Each tenant will be given written notice when his or
her unit is offered for sale, which notice shall
specify the proposed sale price. Each tenant shall
have a ninety-day nonassignable option to purchase his
or her unit at this proposed sale price.
2. Each tenant will also be granted a ninety-day exclusive
nonassignable right of first refusal to purchase his or
her unit which shall commence when a bona fide offer is
made by a third person, and accepted by the owner.
However, if such bona fide offer is made while the
ninety-day option is still in effect, the tenant may
purchase the unit for the amount of the initial
proposed sales price or the amount of the bona fide
offer, whichever is less.
3. In addition, if a tenant does not wish to exercise his
or her right of first refusal, such tenant shall be
provided with at least one hundred eighty (180) days
after final City Council approval or when the unit of
such tenant is sold to a third party, whichever date is
later, in which to relocate.
4. All units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per
year.
5. Since three of the units fall within the 1982 income
rental housing guidelines, Mr. Kessler is willing to
place a deed restriction upon three of the units for a
period of five (5) years wherein the units will not be
rented or sold except in accordance with rental and
sale guidelines as established by the City Council
during such period pursuant to Section
24-11. 4 (b) (4) (aa) .
In conclusion, we request that the condominiumization
requested by this application be ,excepted from the definition of
subdivision, and that such condominiumization be approved by City
Council. Upon receiving a favorable recommendation from the
....,.. ..... '"
~
~
OATES, HUGHES & KNEZEVICH, P. C.
January 10, 1983
Page 4
Planning Commission, the applicant will prepare and submit a
condominium map in recordable final plat form, along with
applicable condominium documents.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
BY~~~..~
R~ ard )S-4Kz:;tzevich
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MEMORANDUM OF .oWNERSHIP
',~_,~,::<,iL,,::5'~:';_;j~,~**;~\;:;o;;;;~::k~i,i:J~~~i({!#~~i~)i,,:i;',;;~: ':';;:',; .';
ACCOMMODITJ(fN":;' NO 'LIABILITY
r
OATES, HUGHES &
600 E, HOPKINS
ASPEN, COLORADO 81611
ATTN: RICK K.
direct correspondence
~ L ...
ORDER NUMBER 7300231
J
Description:
LOT K AND THE WEST 22 FEET OLLOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:'
SEPP KESSLER, WARRANTY DEED RECORDED JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreleased:
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation. The infonnation has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property, The infonnation is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees,
Date: SEPTEMBER 22
,19 82, at 8:00 A.M.
TransamerlCa Tlffe Insurance Company
By-it~ikJf
r'onn No. C-661
Ii
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AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and t~e West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsite of Aspen for approximately ?~ years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as determined by the
Aspen City Council.
sepp~ y~~
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
I
I
I
I
I
I
I
Ii
Subscribed and sworn to before me this d\ ~ day
of ~Q ~"-"'i'. , 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires: v;,\ \'d.. \q ":l
~~'- ~~~
Notary Public '
Address: ",00 <<.. ,'\.--\..~()~'
~ '\' ''<\'', ,C:;\i~",- ~~
"51(-"- ,<, \ ~ () "t, \ \0 \ \
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MEMORANDUM
":.-,;~j.:'i."';";: ,','
TO:
Ci~. Attorney
~~ Engineer
~ilding Department *
PLANNER:
RE:
DATE:
Colette Penne
Kessler Condominiumization - Subdivision Exception
January 18, 1983
Attached for your review is an application to condominiumize existing apartments
located at 950-960 East Durant. Please review the materials and proposed
condominium map and return your comments to the Planning Office no later than
February 7, as the item is scheduled to go before the City P&Z on February 22.
* Note to Building Inspector:
safety inspection must take
February. -
Please be reminded that your life, health and
place prior to the P&Z review on the 22nd of
Thank you.
'\,
1"""'1 n
MEMORANDUM OF OWNERSHIP
ACCOMMODATION - NO LIABILITY
OATES, HUGHES & KNEZEVICH ,
600 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: RICK K.
correspondence to:
r
ASPEN. COLORADO 81611
CITY STATE ZIP CODE
"L ....
.J
ORDER NUMBER 7300231
Description:
LOT K AND THE WEST 22 FEET OF"LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED ,JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreleased:
NONE
Liens and judgements (against last grantee) apparently unreleased:
TransamerlCa Tlffe Insurance Company
Byj;!~"~rr
I
I
I
J
I
I
I
j
/i
j
i
I
I:
NONE
This information is for your sole use and benefit and is furnished as an accommodation, The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property, The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22
.19 82, at 8:00 A,M.
t)nn No. C-567
"
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MEMORANDUM OF OW,NERSHIP
ACCOMMODATION - NO LIABILITY
OATES, HUGHES
600 E. HOPKINS
ASPEN, COLORADO 81611
ATTN: RICK K.
r
correBpondenc~ to:
"L ..
.J
ORDER NUMBER 7300231
Description:
LOT K AND THE WEST 22 FEET OF'~,LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
Grantee in last instrument apparently transferring ownership:
SEPP KESSLER, WARRANTY DEED RECORDED JULY 12, 1957 IN BOOK 181 PAGE 567.
Trust deeds and mortgages apparently unreJeased:
NONE
Liens and judgements (against last grantee) apparently unreleased:
NONE
This information is for your sole use and benefit and is furnished as an accommodation, The information has
been taken from our tract indices, without reference to, or examination of, instruments which purport to
affect the real property, The information is neither guaranteed nor certified, and is not an Abstract of Title,
Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees.
Date: SEPTEMBER 22
,19 82. at 8:00 A,M,
TJ'ansameJ'lCa Trtfe InsuJ'ance Company
Byj~~~
I
1
f
r
I
I
.
)nD No. c-667
~~"',....~
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AFFIDAVIT
OF
SEPP KESSLER
I, SEPP KESSLER, have owned Lot K and the West 22
feet of Lot L, Block 37 East Aspen Addition to the City and
Townsi te of Aspen for approximately .? (; years. In regard
to the condominiumization thereof, I hereby state as
follows:
1. I have no immediate plans to sell any of the
units created by the condominiumization and consequently
believe that there will be little, if any, tenant
displacement as a result of the conversion.
2. That no tenants have been required to move
involuntary within the proceeding eighteen months prior to
the application, except in cases of lawful displacement.
3. That except for three units, the property has
not been historically rented for terms in excess of one
month periods at a price within the current guidelines for
low, moderate and middle income housing as determined by the
Aspen City Council.
S"PP~ f~~
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
I
I
I
'\
II
Ii
I
Subscribed and sworn to before me this ?\~ day
of ~. ,~'-"- ^' , 1982, by Sepp Kessler.
WITNESS my hand and official seal.
My commission expires: V) \ \'d- \q, ":l
~~~
Notary Pub1~c
Address: \.0 () 0 <<-, ,,~\O ~ '
~ \! 'f\"-, ,C;\i~",
"51(&--"" \ <::.. () <t, \ \0 \ \
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41-
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AMENDED DECLARATION OF COVENANTS,W
RESTRICTIONS, AND CONDITIONS ~
FOR THE
KESSLER CONDOMINIUMS
;g
cO
c:o
This Amended Declaration of Covenants, Restrictions,
and Conditions for the Kessler Condominiums is executed this
c1QJ+.. day of rVO/)~rf\h-t~ 1988, by SEPP H. KESSLER and JANE
KESSLER.
RECITALS
A. On December 2, 1983, the Kesslers recorded that
certain Declaration of Covenants, Restrictions, and Conditions
for the Kessler Condominiums in Book 456 at Page 739 of the real
property records of Pitkin County, Colorado.
B. The Kesslers are still the owners of all of the
Kessler Condominiums.
C. Pursuant to the prOVlSlOnS of the above-referenced
Declaration of Covenants, Restrictions, and Conditions for the
Kessler Condominiums, Units 1, 3, 4, and 8 of the Kessler
Condominiums were deed restricted to employee housing use for a
period of five (5) consecutive years from the date of Aspen City
Council approval. The five-year (5) consecutive period has now
ended and the Kesslers now desire to amend the Declaration
Covenants, Restrictions, and Conditions to delete the deed
restrictions.
D. The City of Aspen has reviewed the ownership and
operations on the deed restricted units and is prepared to
consent to ther~lease of such deed restrictions.
AMENDMENTS
THEREFORE, the Declaration of Covenants, Restrictions,
and Conditions for the Kessler Condominiums are hereby amended
as followp:
1. Paragraphs 2, 3, and 5 of the Declaration of
Covenants, Restrictions, and Conditions for the Kessler Condo-
miniums are hereby amended by deleting such paragraphs in their
entirety.
In all other respects, the Declaration of Covenants,
Restrictions, and Conditions for the Kessler Condominiums shall
remain in full force and effect.
,
I
j
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BOOK 580 PI1GE 780
IN WITNESS WHEREOF, this Amended Declaration of
Covenants, Restrictions, and Conditions for the Kessler Condo-
miniums has been duly executed this 6l'~ day of 1Je-v~1 ,
1988.
~)~
Sepp H. ssler
(j1Mf~ ~~~
Cfjine Kessle
CITY OF ASPEN
APp 0 VED AS ~ FORM:
^' 1\
~LJ'~
rederick W. nnett, Staff
~.
By /~~~
~~
Attorney
ACKNOWLEDGEMENTS
~,~~A.~C:OLORADO
r~. \WiJ.{i~."IYF.. ~:J:.TKIN
...' .~ ' 'O~-~ 0 '...... ':1
,:,::< :t:{~ ,.'~'~"'.;'1> .-;. \'
!"'4,";"",.JlJJ':',:1--ifie foregoing Amended Declaration of Covenants,
i:F !l.$~fi'bi::ii;)]~S', and Conditions for Kessler Condominiums was
~ I ~ck~1~d~ed before me this ':<''1+1.:. day of l)(}"efV\be~, 1988,
,,~ (I'lS,~t:> EJ\.\ ~~sler and Jane Kessler.
~'0'.';;'" _,)\0 "". ..~ ". ~~.... '" _
'If' '1'J^', .' 0" ,
'f:":::///t o'i'~o~:>"Witness my hand and official seal.
1'IIIf/jiltH\I. l
My commission expires: q /;s.t.f. q L-
ss.
by
STATE OF COLORADO
)
) ss.
)
Ganv ~
Notary PublJ.c -9" I-J~_ (). .
Address: .:s.33 ~.___~
~,CD fltt,({
COUNTY OF PITKIN
The foregoing Amended Declaration of Covenants,
Restrictions, and Conditions for Kessler Condominiums was
acknowledged before me this j">/- day of 'De""--wlb..w , 1988, by
-2-
,iJ
~.
~
..
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.
BOOK 580 PAGE 781
Wi \I i CM-v.- L t'r.
Aspen. ,Jti v (( VIS
, as
~~ov
of the
City of
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Witness my
My
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and offic'
commission' ~al seal.
expues: J3 /;;; 7 /9/
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ar Publ' G, i
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!lOOK 456 PJi!,E 737
..".
STATEMENT OF EXCEPTION FROM THE FULL SUBPIVISION
PROCESS FOR THE PURPOSE OF CONPOMINIUMIZATION
FOR THE KESSLER CONPOMINIUMS
'<;J-
WHEREAS, SEPP H. KESSLER and JAN~ KESSLE~ (hereinafter
"Applicant"), are the owners of a parcel of real property (and
the improvements thereon) situate in the City of Aspen, Pitkin
County, Colorado,
more particularly described as follows:
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ALL OF LOT
BLOCK 37,
EAST ASPEN
ASPEN,
K ANP THE WEST 22 FEET OF LOT L,
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APPITION TO THE CITY .ANP TQW~SITE OF
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TOGETHER WITH THE EASTERLY 57 FEET OF VACATEP
CLEVELANP STREET, AS EVIPENCEP BY TREASURERS
PEEP RECORPEP PECEMBER 26, 1956 IN BOOK 178 AT
PAGE 539.
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WHEREAS, Applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing the
building on the subject property such building to be known as
The Kessler Condominiums; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of March 8, 1983, determined that such exception would
be appropriate and recommended that the same be granted, sub-
ject, however, to certain conditions; and
WHEREAS, the City Council determined at its meeting of
March 28, 1983 that such exception was appropriate and granted
the same, subject, however, to certain conditions as follows:
NOW THEREFORE, the City Council of Aspen, Colorado, does
determine that the owner's application for exception from the
full subdivision process for the purpose of condominiumization
of the above-described property is proper and hereby grants an
exception from the fu,ll subc:1iyisi~:m process for such condomini-
umization;
PROVIPEP, HOWEVER, that the foregoing exception is ex-
pressly conditioned upon (1) the Applicant's recording with the
Pitkin County Clerk and Recorder, contemporaneously herewith, of
that certain "peclaration of t:ovenants, Restrictions and Condi-
tions for The Kessler Condominiums", dated October 4, ,
1983, and (2) the Applicant's strict compliance with the provi-
sions contained therein and all other binding conditions of
approval on this matter set by the Planning and Zoning Commis-
sion and/or the City Council, for itself, its successors and
assigns.
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BOOk 456 PtiGE 738
DATED this ~~day of
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William Stirl~ng, Mayor
, 1983.
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APPROVED AS TO FORM:
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Paul J. Taddu e, City Attorney'
I, KATHRYN S. KOCH, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for
the Purposes of Condominiumization of The Kessler Condominiums
was considered and approved by the Aspen City Council at its
regular meeting held tn.f~ ~.. , 1983, at which
tim~ t~e Mayor was authorized to execute the same on behalf of
the'City of Aspen.
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SOL.. 456 PAcE 739
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE KESSLER CONDOMINIUMS
SEPP H. KESSLER and JANE KESSLER, as joint tenants
(hereinafter "Covenantor"), for themselves and their heirs,
personal representatives, successors and assigns, in
consideration for the granting of an exception from the full
subdivision process for, the purpose of condominiumization of
the following-described property, hereby covenant with the City
of Aspen, Pitkin County, Colorado, to restrict such property,
and hereby do restrict such property, as follows:
1. Covenator is the owner of the following described
property, together with the improvements located thereon,
situated in the City of Aspen, County of Pitkin, State of
Colorado:
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ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
ASPEN,
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
CLEVELAND STREET, AS EVIDENCED BY TREASURERS
DEED RECORDED DECEMBER 26, 1956 IN BOOK 178 AT
PAGE 539.
The Kessler Condominiums, City of Aspen, pitkin County,
Colorado, as shown on the Condominium Map therefor recorded in
Plat Book 'oS' at Page ""7 , and subject to the terms,
conditions and obligations of the Condominium Declaration
therefor recorded in Book ~ at Page 1"~ also described as
950-960 East Durant Avenue, Aspen, Colorado.
2. Dwelling units 1, 3, 4, and 8, which are located on
the above-described property shall be and hereby are, for five
(5) consecutive years from the date of ~spen City Council
approval, restricted to use as employee housing as described in
Section 24-11.4(b) (3) of the Municipal Code of the City of
Aspen. For the above-referred to time period, units 1 and 3
shall be restricted to rental and sale. terms and price guide-
lines and to occupancy limitations wi.thin "moderate income"
housing eligibility guidelines now established by the City
Council of the City of Aspen or its designee (now being the
Aspen/Pitkin County Housing Authority), or as such guidelines
may from time-to-time be amended by the City Councilor its
designee. Similarly, units 4 and 8 shall be restricted to
rental and sale terms and price guidelines and to occupancy
limitations within such "low income" housing eligibility
guidelines as are now established or which ~ay from time to
time be amended by the City Councilor its designee.
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BOO!( 456 PAGE 7 40
3. Except as otherwise provided herein, the four (4)
above-referred to units shall be rented or sold only to persons
"qualified" for employee housing, as defined in the Aspen
Municipal Code, as amended, and so identified and qualified by
the City Council of the City of Aspen or its designee, pursuant
to the City's then-existing qualification process for employee
housing.
4. All dwelling units in the Kessler Condominiums
offered for rental are hereby restricted to six (6) month
minimum leases with no more than two (2) shorter tenancies per
calendar year, all as defined in the Aspen Municipal Code, as
amended, and all units to be offered for sale are subject to
the requirements of Sections 20-22(a), Aspen Municipal Code, as
amended.
5. However, if the four (4) above-referred to units are
offered to, but not rented by "qualified" employees within
thirty (30) days after written notice .to the City and the City
does not furnish any prospective tenants who rent such vacant
units, the Buyer may rent the same to other "non-qualified"
persons at such rentals then in effect for the condominium;
provided that at the expiration of the minimum rent term
customary for the condominium to such "non-qualified" person
(but in no event longer than one (1) year), the affected unit
or units shall be rented to a "qualified" renter if one is
furnished by City as provided herein.
6. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become, in the
sole judgment or discretion of the City Council of the City of
Aspen, necessary or desirable to the area of the Kessler
Condominiums, Covenantor will make no objection to any special
assessment or special tax or proceeding therefor on the basis
that the property is adequately served by existing improvements
and/or on the basis th~t ~t~ premises will not be seryed or
benefited by the improvement or improvements proposed.
Covenantor further agrees to join, upon the City's demand
therefor, any improvement district. form~d for construction of
such improvements (including, without limitation, drainage,
underground utilities, paving, planting, curbs, gutters,
sidewalks, street lights, etc.) in the area of the Kessler
Condominiums or to reimburse the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
7.
land and
title or
thereof,
assigns,
The covenants contained herein shall run with the
shall be b~nding on all parties having any right,
interest in the above-described property or any part
and their heirs, representatives, successors and
for the period of the life of the longest-lived member
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BOOll 456 PAGE 741
of the presently-constituted Aspen 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,
except for those covenants contained in paragraphs 2, 3 and 5
above.
8. None of the covenants contained herein shall be
released or waived in any respect during the period they are
binding without the prior consent of the City of Aspen
reflected by resolution of the City Council of the City of
Aspen.
9. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its costs and fees therein,
including its reasonable attorneys fees and expert witness
fees.
IN WITNESS WHEREOF, this declaration has been duly
executed this I/tt..- day of {Jr,j7J/,f',1,/ , 1983.
By '~~ r~~ r-
Sepp K,e, ler -
By () M.iL crNW
Jaf}€ Kessler
STATE OF COLORADO
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COUNTY OF PITKIN
::; ,..d T. he,foregOinz: instrument
'I/np 9:ay. of (!Hbe-u
Ja,ne. Kessler,
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was acknowledged before me this
, 1983, by Sepp H. Kessler and
WIT~~ssmy
hand and official seal.
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Boo;\56 ?i-\iJ[ 742
ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT made and entered into this ......... day of
O,+.~~ , 1983, by and between the City of Aspen,
Pitkin County, Colorado, (hereinafter referred to as "Aspen")
and Sepp H. Kessler and Jane Kessler, and/or Assigns
(hereinafter referred to as "Licensee").
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
ALL OF LOT K AND THE WEST 22 FEET OF LOT L,
BLOCK 37,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF
ASPEN,
TOGETHER WITH THE EASTERLY 57 FEET OF VACATED
CLEVELAND STREET, AS EVIDENCED BY TREASURERS
DEED RECORDED DECEMBER 26, 1956 IN BOOK 178 AT
PAGE 539.
WHEREAS, said property abuts the following described public
right-of-way:
East Durant Avenue
WHEREAS, Licensee desires to encroach upon said right-of-
way, said encroachment being more particularly described as
follows and adjacent to the property described above:
That certain concrete pad adjacent to and abutting the
above-described property and encroaching to a certain
extent upon East Durant Avenue, all as is more particu
lary shown and illustrated on the Kessler Condominiums
Map as recorded in Plat Book I~ at Page " in
the real property records of the office of the Pitkin
County Clerk and Recorder.
WHEREAS, Licensee desires to encroach upon said right-of-
way for parking and general access purposes.
WHEREAS, Aspen agrees to the grant of a private exclusive
license of encroachment pursuant to Section 19-5, Aspen Munici-
pal Code, as amended, subject to certain conditions.
THEREFORE, in consideration of the mutual agreements
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private exclusive license is hereby granted to
Licensee to occupy, maintain and utilize the above-described
portion of public right-of-way for the sole purposes described
above.
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BOOK 456 PtlGE 743
2. This license is granted for a perpetual term subject
to being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen and/or the
Licensee.
3. Licensee is responsible for the maintenance and
repair of such encroachment, together with improvements con-
structed therein, which Aspen, ~n the exercise of its
discretion, shall determine to be necessary to keep the same in
a safe and clean condition.
4. Licensee shall at all times during the term hereof,
carry sufficient public liability insurance against personal
injury and property damage naming Aspen as a co-insured and
protecting Aspen against any and all claims as a result of or
arising out of the use and maintenance by Licensee of such
property.
5. Licensee shall and hereby does agree to hold Aspen
whole and harmless against any and all claims for damages,
costs and expenses, including expert witness and reasonable
attorneys' fees, to persons or property that may arise out of,
or be occasioned by the use, occupancy and maintenance of such
property by Licensee, or from any act or omission of any
representative, agent, customer and/or employee of Licensee.
6. This license may be terminated by Licensee at any
time and for any reason on thirty (30) days' written notice of
Licensee's intent to so terminate. This license may be
terminated by Aspen at any time and for any reason by
resolution duly passed by the City Council of the City of
Aspen. Upon termination, Licensee shall, at his expense,
remove any improvements or encroachments from said property and
restore it to a condition satisfactory to Aspen.
7. This license is subject to all state law, the pro-
visions of the Charter of the City of Aspen as it now exists,
or as may hereafter be adopted or amended, and the ordinances
of the City of Aspen now in effect or those which may hereafter
be passed and adopted.
8. The conditions hereof imposed on the granted license
of encroachment shall constitute covenants running with the
land, and binding upon Licensee, his successorS and assigns.
9. Licensee immediately after executing this Agreement
shall have responsibility for filing the same of record with
the pitkin County Clerk and Recorder.
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BOOK 456 PAGE744
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By ~. /~-
William Stirling
Mayor
ATTEST:
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JfJ'e Kessler
STATE OF COLORADO
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COUNTY OF PITKIN
. The foregoing Encroac~ent Licensd?A.greement
acknowledged before me this if day of (1/-0-/3<<...1
1983 by Sepp H. Kessler and Jane Kessler.
was
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Witness my hand anQ official seal.
My e_'ooion e~S"'A?h
otary Public
Address: / ;L ~li,
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