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RESOLUTION NO. ~
(SERIES OF 1998)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
EXTENDING THE RECORDATION PERIOD FOR FILING THE FINAL SPECIALLY
PLANNED AREA (SPA) DEVELOPMENT PLAN AND AGREEMENT FOR THE
POMEGRANATE CONDOMINIUM HOMEOWNERS ASSOCIATION, 39100
HIGHWAY 82, CITY OF ASPEN, COLORADO
WHEREAS, The Pomegranate Condominium Homeowners Association (Applicant) was
granted approval for a Specially Planned Area (SPA) development plan by the Aspen City Council,
pursuant to Ordinance Number 38, Series of 1997; and,
WHEREAS, said Ordinance required the applicant to record a final SPA Plat and
Agreement within 180 days of the final approval, granted December 8,1997; and,
WHEREAS, pursnant to Section 26.80.040, failure to record a final development plan and
SPA Agreement within the 180 filing deadline shall render the approval invalid; and,
WHEREAS, despite the recordation deadline, the applicant has been unable to record the
appropriate documents in a timely manner, due to property line adjustments with neighboring
parcels including the Aspen Country Inn and the Maroon Creek Club, and has requested all
r' extension of said filing deadline retroactively; and,
WHEREAS, the Aspen City Council, finding that neither the Municipal Code nor the
conditions surrounding the Pomegranate parcel have changed in a way which would require a
reevaluation of the approval, has found good cause to extend the deadline to December 8, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
The Pomegranate Condominium Homeowner's Association is hereby granted an extension of the
period in which to record the final SPA Development Plat and Agreement, as required by
Ordinance Number 38, Series of 1997, to December 8, 1998, and such extension is hereby made
retroactive from June 6, 1998, subject to the following condition:
I. The Pomegranate Condominium Homeowners' Association shall vacate the eastern-most
vehicular access from Highway 82 to the property upon final recordation of the SPA Development
Plan and upon recordation of an access easement across the Aspen Country Inn parcel. This area
shall be landscaped in a manner as to not prevent emergency vehicular access.
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~\ RESOLVED AND ADOPTED this 28th day of September, 1998, by the City Council of the City
of Aspen, Colorado.
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Approved as to form:
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C' oey
Attest:
Kathryn S
Approved as to content:
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Jo Bennett, Mayor