HomeMy WebLinkAboutapz.res.009-92#2~450~4 05/22/~2 1~=50 Rec $15.00 BK 6?8 PG 605
Silvia Davis~ PiPkin Cn~y Cle~.k~ Doc $.00
ACCESSORY DWELLING UNIT DEED RESTRICTION
APPROVED PURSUANT ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM)
AND PLANNING AND ZONING COMMISSION
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and
entered into this 7th day of May .... , 1992 , by Jeff Johnston,
("Coventor") for itself, its successors and assigns, for the
benefit of the City of Aspen, Colorado, a municipal corporation,
and the Aspen/Pitkin County Housing Authority, a multi-
.jurisdictional housing authority established pursuant to the
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in
Book 605 at Page 751 of the records of the Pitkin Clerk and
Recorder's office ("Authority").
WHEREAS, Coventor owns that parcel of real property located
at 846 Roaring Fork Road ,in the City of Aspen, County of
Pitkin, Colorado, more specifically described as Lot 2, Merriam
Subdivision upon which is situate a 3 Bedroom Home to contain
a 498 net livable square foot one bedroom accessory
dwelling unit("Unit"); and
WHEREAS, Coventor agrees to accept and impose certain
conditions on its use and occupancy of the Unit as an accessory
dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained herein, the Owner hereby covenants and
agrees as follows'
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
"resident-occupied' dwelling units.
2. Coventor need not rent the Unit, however, when rented,
only qualified residents, as defined in the housing
guidelines, shall reside therein and all rental terms shall
be ~or a period o~ not less than six (6) consecutive months.
Coventor shall maintain the right to select the qualified
resident o~ its own choosing when renting the Unit. An
executed copy o~ all leases ~or the Unit shall be submitted
to the Authority within ten (10) days of the approval o~ a
qualified resident.
4-~L~,_4 05/ / 15: .
#5 ='~ 22 92 50 Rec $15 O0 BE &?8 PG 606
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
3. The covenants and limitations of this deed restriction
shall run with and be binding on the land for the benefit of
the City of Aspen and the Authority, either of whom may'
enforce the provisions thereof through any proceedings at
law or in equity, including eviction of non-complying
tenants.
·
·
4. It is-understood and agreed by the Coventor that no
waiver of a breach of any term or condition as contained in
this deed restriction shall be construed, to be a waiver of
any breach of the same or other term or condition, nor shall '
failure to enforce any one of the terms or conditions,
either by forfeiture or otherwise, be construed as a waiver
of any term or condition.
IN WITNESS HEREOF, Coventor has placed its duly authorized
signature hereto on the date as described above.
·
COVENTOR '
Mailing Address-
)
) SS.
COUNTY OF 5 ,.~ ~C~;~:. )
The foregoing instrument was acknowledged before me this 7
WITNESS my~and and official
My co~ission expires:7- ~-7~Date)
~45054 05/~-
~/9~-~ 15:50 Rec $15.00 BE &?8 F'G &O?
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the
Aspen/Pitkin County. Housing Authority.
THE ASPEN/PITKIN COUNTY
ie of Chair~n), Chairman
Mailin-' ~ Address: 50 Truscott Place
Aspen, Colorado 816.11 ---.- -
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing instrument Was aCknoWledged before me this
·
, 19-~-, .bY (Name, of Chairman) ..... .
WITNESS .~y hand and official seal.
My commission ex, res' ,{Date) ~6~
z' ," ". ", Notary ~blic /
.,
"~Legal counsel for the A/PCHA)
Attorney for the A/PCHA