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HomeMy WebLinkAboutcoa.lu.ec.120 E Hyman St.022A-85 2'4:151 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMZNIUMIZATION FOR THE CORKSCREW DUPLEX CONDOMINIUMS WHEREAS, Edwin W. Baker, Jr., and Donald J. Egan, (hereinafter "Applicant"), are the owners of a parcel of real property (and the improvements thereon) situated 'in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Lots N, 0 and P, Block 68, City of Aspen, County of Pitkin, State of Dolorado; also described as 118 East Hymen Street (Units 1 and 2) and 120 East Hymen Street (Units 3 and 4) in Aspen, Colorado; and WHEREAS, applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the building on the subject property (said building commonly known as the Corkscrew Duplex Condominiums); and WHEREAS, the Aspen Planning and Zoning Commission at its meeting of May 4, 1982, determined that such exception would be appropriate and recommended that the same be granted, subject, however, to the conditions described hereinafter; and WHEREAS, the City Council determined at its meeting of that the owners' request for such exception was appropriate and granted said request, subject, however, to the conditions described hereinafter; 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 Corkscrew Duplex Condominiums is proper because the owners' proposed condominiumization is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such condominiumization; PROVIDED, HOWEVER, that the foregoing exception is expressly con- ditioned upon (1) the applicant's immediate recording with the Pitkin County Clerk and Recorder that certain "Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums", dated ~ ~0)1982, a copy of which is attached hereto as Exhibit "A", and (2) the applicanfs strict compliance with the provisions contained therein and all other conditions of approval on this matter set by City Council at its meeting Dated this day of- ,-I , 1982. Herman Edel, Mayor $~ateme~t oS Exception ~rom the ~ll $~bdi~±sion ~roce~s Sor the ~rposes eS ~ond~miniua~i~ation was eonsidered and approved by ~e ~spen Cit~ Co~¢i~ at its regular meeting held · ~9~ at ~hich time the Mayor~ ~erman Edel~ was auth©ri~ed to e~ec~te the same on y~athryn~ S-. Ko~h, ~i~y ~er~/ -2- DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE CORKSCREW DUPLEX CONDOMINIUMS LORETTA BANNER PITKIN CTY. RECORDER EDNIN W. SAKES, JR., AND DONALD J. EGAN (hereinafter "(:~e nt "~ I for themselves, their heirs, representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumization with respect to the following- described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property- as follows: 1. Covenantor is the owner of the following described property, together with the improvements (two duplex residential structures) located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Lots N, O and P, Block 68 City of Aspen, County of Pitkin, State of Colorado, also described as 118 East Hyman Street (Units 1 and 2) and 120 East Hy~an Street (Units 3 and 4) in Aspen, Colorado 2. The two (2) employee housing units (Units 2 and 4) located on the above-described property shall and hereby are restricted to use as employee housing as described in Section 24-11.4(b) (3) of the Municipal Code of the City of Aspen and to rental and sale terms and price guidelines and to occupancy limitations within "moderate income" housing eligibility guidelines now established by the City Council of the City of Aspen, or as such guidelines may from time-to-time be amended by the City Council. 3. The four (4) dwelling units (Units 1, 2, 3 and 4) located on the above-described property shall and hereby are restricted to six (6) month minium leases with no more than two (2) shorter tenancies per calendar year, all as defined in the Aspen Municipal Code, as amended. 4. 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 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 of these covenants are recorded. 5. None of the covenants contained herein shall be released or waived in any respect or modified or amended 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. IN WITNESS WHEREOF, this declaration has been duly executed this /~ ~ day of ~ , 1982. EDWIN W. BAKER, JR. DON~D~ J. EGAN STATE OF COLORADO ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this /~ day of ~ , 1982, by Edwin W. Baker;: WIT~SS MY HAND AND OFFICIAL SEAL. My comission expires. -2-