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Home My WebLink Aboutresolution.council.030-95 _.1 , '1, ~-__ . ,Ie. \l \~ *"~ -~ RESOLUTION NO.3.Q (Series of 1995) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE RELEASE OF CERTAIN RESTRICTIONS IMPOSED ON THE INDEPENDENCE BUILDING CONDOMINIUMIZATION IN ACCORDANCE WITH REPEALED SECTIONS OF THE ASPEN LAND USE CODE. WHEREAS, the Condominium Declaration for the Independence Building was recorded in Book 506 at Page 351 of the real estate records of Pitkin County, Colorado; and WHEREAS, said Declarations contain certain restrictions required by the Aspen Land Use Code at the time the Independence Building was condominiumized; and WHEREAS, the Aspen Municipal Code was amended by Ordinance No. 53, Series of 1993, to repeal the requirement that certain restrictions be imposed upon condominiumized property; and WHEREAS, Paragraph 36 of the said Declaration states, in relevant part: In the event the City of Aspen amends or repeals these portions of its Municipal Code such that the restrictions embodied in this paragraph 36 and paragraphs 38,39, and 40 below are no longer required as a condition to approval for the condominiumization of a lodge, then the restrictions contained in this paragraph 36 and paragraphs 37, 38, 39, and 40 below shall be deemed to lapse and the Board of Directors of the Association shall be authorized to obtain from the City of Aspen and record a certificate which reflects that the property is released from such restric- tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 1 - e" N" .. ''"''",. Section 1. The Mayor is hereby authorized to execute a Certificate of Release of Independence Building From Certain Restrictions in a form substantially similar to the one appended hereto as Exhibit "A" and by this reference incorporated herein. I~RODUCE~D READ AND ADOPTED by the City Council of the City of Aspen on the I~ day of _ _ , 1995. (J). ~'>..~--- J~7Be::tt, Mayor I, Kathryn S. Koch, dilly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, e Colorado, at a meeting held on the day hereinabove stated. )J~ Kathr)l . koch, City Clerk n.:'!case.res 'e ~\ '1!. 2 >, Recorded at ~- \~81435 B-781 SILVIA DAVIS o'clock M. P-340 05/18/95 02:0&P PG 1 OF 4 PITKIN COUNTY CLERK & RECORDER REC 20.00 DOC ~ RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Ronald Garfield, Esq. Garfield & Hecht, P.c. 601 East Hyman Avenue Aspen, CO 81611 CERTIFICATE OF RELEASE OF THE INDEPENDENCE BUILDING FROM CERTAIN RESTRICTIONS This Certificate of Release of The Independence Building from Certain Restrictions is given this I CJ day of May, 1995 by The City of Aspen, , .. Colorado, a municipal corporation (the "City") with respect to certain real \. property (the "Property") legally described on Exhibit "A" attached hereto and incorporated herein by this reference. 1 . The Condominium Declaration for The Independence Building was recorded in Book 506 at Page 351 of the real estate records of Pitkin County, Colorado (the "Declaration"). 2. Paragraphs 36 through 40 of the Declaration contain restrictions imposed on the Property by the City pursuant to the Municipal Code of the City Provisions 20-23, Condominiumization of Lodges. Provisions 20-23 of the Municipal Code of the City were superseded by Chapter 24, Section 7-1007 "Condominiumization" of the Municipal Code of the City. Ordinance No. 53 (Series of 1993) repealed Chapter 24, Section 7-1007 "Condominiumization" of the Municipal Code of the City. e. ~. '<-.c.. 3. Paragraph 36 of the Declaration provides that, in part: "In the event the City of Aspen amends or repeals these portions of its Municipal Code such that the ~ 381435 B-781 P-341 05/18/95 02:0&P PG 2 OF'4 fA.. ;1_ _1. \'1 \Z:~_ (,...It.... '.1 \Ii 'S,,- restrictions embodied in this paragraph 36 and paragraphs 38, 39 and 40 below are no longer required as a condition to approval for the condominiumization of a lodge, then the restrictions contained in this paragraph 36 and paragraphs 37, 38, 39 and 40 below shall be deemed to lapse and the Board of Directors of the Association shall be authorized to obtain from the City of Aspen and record a certificate which reflects that the property is released from such restriction." 4. Based on the foregoing, the City hereby certifies that the restrictions contained in Paragraphs 36 through 40 of the Declaration have lapsed and the City hereby releases the Property from all such restrictions. The City further releases the Property from the terms, conditions, provisions, obligations and all matters contained in that certain Declaration of Covenants, Restrictions, and Conditions for The Independence Building Condominium recorded in Book 506 at Page 390 of the real estate records of Pitkin County, Colorado. The City of Aspen, Colorado, a municipal corporation Approved as to form. if~.. ,.:?6 By: ohn Bennett, Mayor ~.'7?4:nIL~ John Worcester, Attorney for The City of Aspen, Colorado "..." 2 "' 381435 B-781 'P-342 05./18/95 02:0&P PG 3 OF 4 ~. '. ACKNOWLEDGEMENT PAGE TO CERTIBCA TE OF RELEASE OF THE INDEPENDENCE BUILDING FROM CERTAIN RESTRICTIONS STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Certificate of Release of The Independence Build ng frolj1 Certain Restrictions was acknowledged before me this !' 7 hi) day of ~rlCi.-lY' .. , j 995 by John Bennett, Mayor of The City of Aspen, Coloratl'o, a municipal corporation. . WITNESS my hand and official seal. My commission expires: J2/.;:?/ /q9 C {}~{l~~ / -~~. i;,1 " -<:.-,,~ ''Ii ,-' ...... -, iV..- ~,~ '''k_\:.i.' A)f F' ~ .~~~>.".~ 0 ~~.~.' -t,'" ^ ...... ~ ~-1,!'~-' /"(; l\'. ~ .'!: e; --" c: \roi'l\tltrhc\c~rtretP , ":. "'P' /' '. ~ it" '':''. ~ 1 .~ J 1::,' :;.:t e 3 , . 381435 B-781 P-343 05/18/95 02:06P PG 4 OF 4 ~.. \~., e:"... \\,~ "e.. ~ \tl,..., EXHIBIT "A" LEGAL DESCRIPTION THE INDEPENDENCE BUILDING, A CONDOMINIUM, as defined and described in the Condominium Declaration for The Independence Building, A Condominium, recorded in Book 506 at Page 351 of the Pitkin County real property records, and in the First Amendment thereto recorded in Book 509 at Page 205 and re-recorded in Book 511 at Page 999, and as defined and depicted on the Condominium Map for The Independence Building,. A Condominium, recorded in Plat Book 18 at Page 54 of said records. COUNTY OF PITKIN, STATE OF COLORADO.