HomeMy WebLinkAboutcoa.lu.ex.Lot 17,Blk2 Snowbunny Subd-S.M.&J.-Co.1980
Recorded at 2 2l S
,t ' . . : p.m. ep lO, 19RO Loretta Banner Recorder Bec cion No:
226635
STATEMENT OF EXEMPTION 800K394 PACE541
FROM
SUBDIVISION REGULATION
97 C7
I
II
WHEREAS, S.M.&J. COMPANY a/k/a S.M. and J. COMPANY, a
Colorado general partnership (hereinafter referred to as "owner")
is the owner of a parcel of land located in the City of Aspen,
Pitkin County, Colorado, more particularly described as Lot 17,
Block 2, Snowbunny Subdivision, on which there is situate an
existing duplex, and
WHEREAS, owner has requested an exemption from sub-
division regulation for the purpose of subdividing the existing
duplex through condominiumization, and
WHEREAS,
the Aspen Planning
on the /~ay of
and zoning Commission,
~ 194j,
at
its meeting held
determined that an exemption from subdivision regulation is
appropriate and recommended that the same be granted, and
WHEREAS, the City Council of Aspen, Colorado, has deter-
mined that the subdivision of the existing duplex through
condominiumization is not within the intents and purposes of the
subdivision ordinance set forth in Chapter 20 of the Aspen
Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the
duplex located on Lot 17, Block 2, Snowbunny Subdivision, City of
Aspen, Pitkin County, Colorado, by its condominiumization is not
within the intents and purposes of the subdivision ordinance and
does, for such reason, grant an exemption from the regulation of
such action subject to the following:
1. Any existing tenant shall be given written
notice in the event that tenant's unit is offered for sale,
,
'.
ffn
. '.
800K394! I~Ct:i~
I
I
I
I'
II
II whieh noHee ehell eped'y Che eelee priee.
Each tenant shall
have an exclusive non assignable right for the ninety (90) days
following the tenant's receipt of the notice to purchase his/her
unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day
exclusive non assignable right of first refusal to purchase
I
II his/her unit, which shall commence when a bona fide offer is
I
I
I
I
!
I
,
I
i
I
I
i
I
made by a third person and accepted by the owner and notice of
the offer and acceptance and a copy thereof have been delivered
to the tenant.
In the event this notice of offer and acceptance
is delivered to the tenant while the ninety (90) day right set
forth in paragraph one ('11) above is still in effect, the tenant
may purchase the unit for the amount of the initial specified
sales price or the amount of the bona fide offer, whichever is
less.
3. Each unit of the duplex shall be restricted
to six (6) month minimum leases with no more than two (2)
shorter tenancies per year.
Dated this ~ of
, ,
,
:" r.~ ,
'..., ".,(j~~
Attes:\:,
,- ,
.,
<r/~ d
.,'.'., ',.: " ~ h ~I(
, ,,' ;>~" r /
":i:;"j .".,
~
I
I
I
I
I
-2-
, R~oqrded at 2:22 p,m. Sep lO, 1980 Loretta Banner Recorder
,
Re"''''ption No:
22S63t
I
roOK 394. ~AGE 54.3
DECLARATION OF COVENANTS
S.M.&J. COMPANY a/k/a S.M. and J. COMPANY, a Colorado
general partnership (hereinafter referred to as "covenantor") for
itself and 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:
Lot 17, Block 2, Snowbunny subdivision, situate in the City of
Aspen, Pitkin County, Colorado (hereinafter referred to as the
"property") .
2. At the time either of the units of the duplex
situate on the above described property is offered for sale in
whole or in part, the tenant, if any, of the unit offered for
sale shall be given written notice of the owner's intent to sell
the property together with the sales price sought. The tenant
shall have an exclusive non assignable right for the ninety (90)
days following the receipt of the notice to purchase the unit
sought to be sold at the price specified in the notice.
3. In the event a bona fide offer to purchase a
unit of the duplex is made and accepted by the owner of the unit,
the tenant, if any, of that unit shall have a ninety- (90) day
exclusive non assignable right of first refusal to purchase the
unit, which ninety- (90) day period shall commence when notice of
the offer and acceptance and a copy thereof have been delivered
to the tenant. In the event this notice of offer and acceptance
is delivered to the tenant while the ninety- (90) day right set
forth in paragraph two ('12) above is still in effect, the tenant
may purchase the unit for the amount of the initial specified
sales price or the amount of the bona fide offer, whichever is
"~I
'"
less.
i:
..
.
r.,
.......
OOOK394 Pt,GE 544
4. Each unit of the duplex shall be restricted to
six- (6) month minimum leases with no more than two (2) shorter
tenancies per year.
5. Unit #2 of the duplex is hereby rent restricted
and shall not be rented for a rental amount greater than six
hundred fifty dollars ($650.00) per month, subject, however, to
increases as permitted by the City of Aspen Housing Authority as
dictated by increases in the cost of living.
6. The covenants contained herein are to run with
the land and shall be binding on the covenantor, its successors
and assigns and all persons claiming under them for a period of
three (3) years.
IN WITNESS WHEREOF, this declaration has been duly
executed this
I / t....
,0
.....)0< Ij
, 1980.
day of
S.M.&J. COMPANY a/k/a S.M. and J.
COMPANY, a Colorado General
Partnership
Partner
STATE OF
~
?~j<)
ss.
COUNTY OF
~~~ Acknowle~e~, subscribed and sworn to before m~thi,s
/~day of~~ ' 1980, by JOHN B. STEGE as
General Partne~fot7S.M.&J. COMPANY a/k/a S.M. and j.GOMpANY,
a Colorado General Partnership. ; , '" /~. '
My commission expires /~/~ -,/g.3
5/7 /.f'~~~,.;','
Witness my hand and
Official, ~seC'1.h/>1' C" ' ~b'
/' 7=~" ~~!
J?,a"~' c. ~~..,y{J
(~tary Public
-2-
-"--...,..----
"-T
.: ,.
/"'"
-
-
STATE OF 9.a..
COUNTY OF C ~~
I
i
I
I
I
BoOK 394 I
I'ACE 545
ACknowle~d' subscribed and sworn to before me this
day of II , 1980, by SUZANNE B. STEGE
as General Part r r S.M.&J. COMPANY a/k/a S.M. and J. COMPANY,
a Colorado General artnership.
)
) ss.
)
My commission expires /:1/2// Y3
;:~ \,",
, ,'""
(
,
,....,
~.}
. :
\: :
Witness my hand and official seal.
~?~~ tp a/__~.d'.~{j,
ll'o 'ary Public ", ",
/ """
V
.
,-; f ~J
~"~
. _.' --
. ,~ :
I:..l :
Q,
(,'<."
,,-
"."
STATE OF ..1u-,
COUNTY OF t'..~~
)
) ss.
)
Acknowledged, subscribed and sworn to before me this
day of ~ / 7~ , 1980, by MARY SUE STEGE as
General Partner f6~ ~.M.&J. COMPANY a/k/a S.M. and J. COMPANY,
a Colorado General Partnership.
My commission expires I;). / d.1/ g.!J
Witness my hand and official seal.
&).h-~4{ -d 1i.e'{J /
Notfary Public
ACCEPTED AND APPROVED:
.~'...
n
~- ;
.
. ,
',.'
THE CITY OF ASPEN
. ,~;;
JMor
,)
{,j
, ,
,-
-.,..)
'.} --
; C!..
cr,
"
.-::,0;
''"'
:Attest:
'-'/' "
. to,'"
S;':K~7f fir~
, .0 l. Y er
"
(\11 ._.. ,'7'"
.... '. ~) t', !' .'
-3-