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HomeMy WebLinkAboutcoa.lu.ex.LotsN-P,Blk89.1981m%\- EX- 03 r- - Red Onion Partnership E Recorded at 10:O1APMarch 2, 1981 Loretta Banner Seception NO.. Recorder 13%1170. STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION IAWCQ' f m404 WHEREAS, RED ONION PARTNERSHIP, is the owner of a' parcel of land located in Pitkin County, Colorado, more part- icularly described as: Lots N, 0 and P, Block 89, City and Townsite of Aspen, Pitkin County, Colorado WHEREAS, there exists on said property a structure in which the partnership wishes to create separate interests without parceling the land on which said structure is situated; and WHEREAS, there has been made an application for exemption for the definition of subdivision for such conveyance of interests pursuant to Section 20-19 of Chapter 20 of the Aspen Municipal Code; and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held June 17, 1980, has determined that such exemption is appropriate; and WHEREAS, the City Council has found the proposed division of interests in the existing structure to be without the intents and purposes of subdivision regulation, and on July 14, 1980 approved the partnership's application for exemption from the definition of subdivision. THEREFORE, the City Council of the City of Aspen does hereby determine that the proposed division of the interest in the structure situated on the above described land is without the intents and purposes of subdivision regulation, and does, for such reason, grant an exemption from the definition of subdivision for such action. Dated: The Aonorable Herman Edel, Mayor of the City of Aspen f m 404 i AUL 938 CERTIFICATION I, KATHRYN S. KOCH, do certify that the foregoing Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held July 14, 1980, at which time the Mayor, HERMAN. EDEL, was authorized to execute the same on behalf of the ty- of Aspen. V i T Kathryn S Koch STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was subscribed and sworn to before me th`is� day of , 1981 by Herman Edel, Mayor of '. th(�, City of Aspen. Witness my hand and official seal. My commission expires: 'l0?�103 Not r V Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was subscribed and sworn to before me this ,11 day of 1981 by Kathryn S. Koch. Witness my nd and official seal. r i ; My commission expires: Ijb7643 Notar blic • • ,; . �� n "i V J • � .� • �- � � 'O 0 rded at 10:02AM Mae 2, 1981 Loretta Banner Record` Rection NO f3i'l7t. COVENANTS .404 " au'. 939 Red Onion Partnership, a Colorado general partnership, (Covenantor), for itself, its successors and assigns hereby covenants with the City of Aspen, Pitkin County, Colorado, that: 1. Covenantor is the owner of the following described real property together with the improvements thereon, situated in the County of Pitkin, State of Colorado: Lots N, 0 and P, Block 89, City and Townsite of Aspen, Pitkin County, Colorado. Unit three (3) as delineated on the Condominium Map which has been provided to the City of Aspen is to be encumbered by this Covenant in the event it is used for residential purposes. The remainder of the above -described property is not encumbered by this Covenant. 2. In the event that the above -referenced condominium unit three (3) is used for residential purposes, it shall be deed restricted to use as employee housing under the guidelines of the City of Aspen as lodging for employees of the Red Onion Condominiums. 3. The Covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them for a period of five (5) years from the date these Covenants are recorded, unless the use of said condominium unit three (3) is converted to commercial use, in which event such change of use shall first proceed through the City of Aspen's Growth Management Plan unless exempted therefrom, or unless an instrument signed 404 ,.L 94L) by the City of Aspen and the then record owners of the property has been recorded, agreeing to change said Covenants in whole or in part or agreeing to release said Covenants. IN WITNESS WHEREOF, this declaration has been duly executed this �'� day of-a�_�' 1981. RED ONION PARTNERSHIP E STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Covenants were subscribed and sworn, to before me this-,:-�,,/ day of "I .t< �, 1981 by Walter Birk, Larry Sands, Frank J. Woods,' II, E. Robert. Gordon and Dennis L. Wenger by his Attorhey in Fact, E. Robert Gordon. Witness my hand and official seal. My commission expires: i1/�1 -� Notary Public ti� 0 0