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Home My WebLink Aboutcoa.lu.ex.Dukes/Bartoy, Manor Lot 13, W. Aspenkon*-) - e-�' - \0\ DUKES (aka Bartoy manor) Lot 13, West Aspen, Filing 1 X A Recorded at 1:41 P.M., June 2,4P977 Julie Hane, Recorder Reception Number: 19481t- 10 goo 3 r.�a, tu4 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made and entered into this 31st day of May, 1977, by and between John F. Dukes, (Subdivider), and the City of Aspen, a Colorado Municipal Corporation (City), WITNESSETH: I. RECITALS 1.1 Subdivider is the owner and subdivider of The Bartroy Manor Estates Condominiums, all as more particularly described and shown on the final plat of such subdivision to be recorded following the execution of this agreement (the property). 1.2 Subdivider has complied with all the requirements and provisions of the subdivision ordinance of the City of Aspen, except as to those to be performed pursuant to this agreement. 1.3 The City has given final subdivision plat approval for the conversion of the property into condominium units conditioned upon subdividers agreement as set forth below. II. BASIC AGREEMENT 2.1 Subdivider agrees to pay to the City prior to filing for record of the subdivision plat, the sum of $1,849.29 as full payment for all obligations for the payment of cash in lieu of land dedication as required by the provisions of Section 20-18 of the Aspen City Subdivision Ordinance. 2.2 The parties mutually understand and agree that the condominium units constructed on the subject property are intended to be owned and occupied by long-term residents of the area. In order to insure that the aforesaid purpose is fulfilled, subdivider agrees that no unit shall be leased for a period of less than six months, with the exception of two periods for each unit during any calendar year, and that the acceptance of this prohibition is a condition for subdivision approval. It is agreed that the above limitation on leasing will be assumed by the respective condominium owners on purchase of the units of the condominium, and it is agreed, to adequately i i Bonn 329 . � 735 appraise such owners of this prohibition, that each and every instrument by which title to one of said units is conveyed shall contain the following covenant: "By his purchase and recording of the instant deed, purchaser agrees that the condominium unit conveyed hereby shall never be leased for a period of less than six (6) successive months with the exception of two periods for each unit during any calendar year. This restriction shall constitute a covenant running with the title to the subject unit and be enforceable by the City of Aspen." Subdivider further agrees that a clause substantially as set forth below will be contained as an amendment to the Condominium Declaration covering the subject property, will not be deleted or amended without the approval of the City of Aspen, and will be filed for record in connection with the subdivision of the property: 30. (d) Any deed conveying any interest in any condominium unit shall contain the following express restrictions: "By his purchase and recording of the instant deed, purchaser agrees that the condominium unit conveyed hereby shall never be leased for a period of less than six (6) succes- sive months with the exception of two periods for each unit during any calendar year. This restriction shall constitute a covenant running with the title to the subject unit and be enforceable by the City of Aspen." 2.3 All covenants hereby undertaken by subdivider are expressly made a condition of approval of the subdivision- of the subject property by the City of Aspen. 2.4 This agreement shall be binding upon and inure to the benefit of the heirs, executors, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the foregoing agreement has been executed as of the day and year first above mentioned. John F. Dukes -2- 0 C� moK323 imM STATE OF COLORADO ) ss.: COUNTY OF PITKIN ) Acknowledged before me by -T� �• �� Kos , this 31st day of May, 1977. Witness my hand and official eal. y. La - - nl- r Notary Public My My commission expires: (� CITY OF ASPEN, a Colorado Municipal Corporatior�---, � . Stacy S ndley III, Mayor .' -` ATTEST: ;C' y Clerk STATE OF COLORADO ) ss.: COUNTY OF PITKIN ) Acknowledged before me this �� day of,,�_ , 1977, by Stach Standley III, Mayor, and Kathryn Hauter, City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. LJ Notary 'publi �� or C" My Commission Expires: '' 1 ?� =12 01 AFFIDAVIT STATE OF COLORADO COUNTY OF PITKIN 329 u, 737 The undersigned, being first duly sworn upon his oath deposes and says: 1. He is the owner of Lot 13, Filing 1, West Aspen Subdivision, Pitkin County, Colorado. 2. That, as of the date hereof, such property is not subject to any tenancy held by any person. DATED: May 3, 1977 i/"iK /Czl� F. DUKE c/ Subscribed and sworn to before me this �� day of May, 1977 by JOHN F. DUKES. My Commission Expires: OF r . 1 Jq HOLLAND & KART ATTORNEYS AT LAW TELEPHONE 292-9200 500 EQUITABLE BUILDING 730 SEVENTEENTH STREET AREA CODE 303 DENVER,COLORADO P. 0. BOX 3749 DENVER. COLORADO 80201 PLEASE REPLY TO: MOUNTAIN PLAZA BUILDING 434 E.COOPER STREET, ASPEN, COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 September 15, 1977 Ms. Kathy Hauter City of Aspen 930 South Galena Street Aspen, Colorado 81611 CABLE ADDRESS HOLHART. DENVER HAND DELIVERED Re: Park Dedication Fee/The Bartroy-4�-BU K.0-S Manor Estates Condominiums Dear Kathy: The undersigned represent The Bartroy Manor Estates Condominiums and individual owners thereof. As you are aware, the city required a park dedication fee in the amount of $1,848.29 for the condominiumization of the existing structure located on Lot 13, Filing 1, West Aspen Subdivi- sion. Such amount was paid on behalf of The Bartrov Manor Estates Condominiums and its owners under protest by Jon David Seigle on May 31, 1977. The condominiumization of the existing structure on Lot 13, Filing 1, West Aspen Subdivision, was merely a change in ownership of that structure. It is our position that the dedication fee as applied to this particular conversion is unreasonable and illegal. The purpose of the park dedication fee is to make the subdividers either dedicate land or money to the city so that open space can be acquired and preserved to accommodate the greater demand thereon created by the sub - divider's activity. The rationale for the dedication fee has no reasonable application to the conversion of the nature in ownership of an existing structure. The conversion in ques- tion has not created any increased demand on either the city's open space or any municipal services offered by the city. Moreover, I believe a review of the county commissioners' minutes would indicate that when the West Aspen Subdivision was created in 1967 the developers were required to and did make land dedications at that time. Therefore, the purpose of the park dedication fee has already been served as regards Lot 13, Filing 1, West Aspen Subdivision by the original • • HOLLAND & HART Ms. Kathy Hauter September 15, 1977 Page 2 developers' dedication. Therefore, demand is made for return of the $1,848.29 to the undersigned, who are authorized to receive the same on behalf of The Bartroy Manor Estates Condominiums and the individual owners of the units therein. If the same is not received within ten (10) days of the date of this letter, legal proceedings will be commenced in the District Court of Pitkin County to collect the same. If you have any questions, please do not hesitate to contact either of the undersigned. Sincerely, HOLLAND & HART rthur B. Ferguson\ Jr. DWIGHT K. SHELLMAN, JR., AND ASSOCIATES Jon Davi Seigle ABF/kk cc: D. Nuttall i CERTIFICATE OF HAND DELIVERY I hereby certify that I have served the foregoing Demand Letter this 15th day of September, 1977, by hand delivering a true and correct copy thereof to: Ms. Kathy Hauter City of Aspen 930 South Galena Street Aspen, Colorado 81611 Arthur B. Ferguson, Jr. AMENDMENT TO CONDOMINIUM DECLARATION FOR THE BARTROY MANOR ESTATES CONDOMINIUMS (A Condominium) The Condominium Declaration for The Bartroy Manor Estates Condominiums is hereby amended to add Paragraph 30(d) as follows: 30. (d) Any deed conveying any interest in any condominium unit shall contain the following express restrictions: "By his purchase and recording of the instant deed, purchaser agrees that the condominium unit conveyed hereby shall never be leased for a period of less than six (6) succes- sive months with the exception of two periods for each unit during any calendar year. This restriction shall constitute a covenant running with the title to the subject unit and be enforceable by the City of Aspen." IN WITNESS WHEREOF, Declarant has duly executed this Declaration this 31st day of May, 1977. STATE OF COLORADO ) ss . COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this J /- day of %�C 1977, by the Declarant, JOHN F. DUKES. Witness my hand and of My Commission expires: z off, 301 • 0 M E M O R A N D U M TO: Aspen City Council FROM: Planning Staff (HC) RE: Dukes Duplex Condominiumization DATE: March 29, 1977 This is a request by John Dukes for subdivision exemption to condominiumize an existing duplex located on Lot 13, Filing I, West Aspen Subdivision on Cemetery Lane. The Engineering Department recommends approval with no conditions. The Planning Office recommends approval of the request subject to payment of the Subdivision Dedication Fee which is $1,849.24 based on a land value of $50,000.00 as approved by Mick Mahoney, City Manager. We also recommend restricting the use of the building to a minimum six month lease and giving the present tenants a first right of refusal for 90 days to purchase the units at market value. The projected purchasers of the units for residing purposes are local Jon Seigle, and an attorney to be hired by Holland and Hart. rj LAW OFFICES DWIGHT K. SHELLMAN, JR. AND ASSOCIATES A PROFESSIONAL CORPORATION ASPEN ATHLETIC CLUB BUILDING, P. O. BOX G-3 720 EAST HYMAN AVENUE ASPEN, COLORADO 81611 (303) 925-2710 March 29, 1977 Mr. Hal Clark Planning Office 130 South Galena Aspen, Colorado 81611 Ms. Kathy Hauter City Clerk 130 South Galena Aspen, Colorado 81611 Re: Subdivision - Dukes' Duplex Dear Hal and Kathy, DWIGHT K. SHELLMAN, JR. DOROTHY F. NUTTALL JON DAVID SEIGLE BARBARA E. ORNITZ HERBERT S. KLEIN In light of the information which I received that the above captioned matter did not make the agenda for the Monday, March 28 meeting, I would appreciate your placing it on the agenda for the next meeting of City Council, which I believe would be the eleventh of April. If there are any problems regarding this, please do not hesitate to contact me:--, Sincerely yours, Jon David Seigle JDS/ March 21, 1977 City of Aspen Planning Office 130 S. Galena Aspen, Colorado 81611 Attention: Hal Clark Dear Hal: At your request I am writing you to state that the parties we now have presently interested in Mr. John Dukes residence will be using it for permanent residence as they are moving here, or Mr. Dukes will be willing to sign an agreement that 6 months rentals will be as long as will be allowed. I am the listing agent of said property and it will certainly be made known to any potential purchaser that the City is interested in keeping any rentals for long term only and they are not interested in any short term arrangements by owners. If there are any other questions, or if I can be of help in any way, please let me know. Sincerely, /5"o- William C. Mason WCM/ms M8son G MORSe INCORPORATED WIO OFFICO: POST OFFICE BOX 0 ASPEN, COLORADO 81611 PHONE: 303 925-7000 MEMO TO: HAL CLARK PLANNING DEPT. FROM: DAVE ELLIS CITY ENGINEER DATE: February 16, 1977 RE: SUBDIVISON EXEMPTION - Lot 13, Filing 1? West Aspen Subdivision(Duke's Place) The engineering department finds no problems with this request and recommends granting the exemption. MEMORANDUM TO: Dave Ellis FROM: Planning Staff (HC) RE: Duke's Duplex - Subdivision Exemption DATE: February 11, 1977 This is a request for condominiumization of an existing duplex located on Lot 13, West Aspen Subdivision. Upon receipt of your comments we will schedule review before the City Planning and Zoning Commission. February 7, 1977 Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Attention: Hal Clark Dear Hal: Enclosed please find the following documents for the division of Mr. John Dukes' duplex property located on Lot 13, Filing 1, West Aspen Subdivision: 1. Letter of application. 2.$50.00 application fee. 3. Improvement survey showing proposed division. If there is anything else needed to secure this permission, please let me know. I am making this request as agent for Mr. John F. Dukes. Sincerely, 1&ems William C. Mason WCM/ms Encls. MBSOR D MORSe INCORPORATED MBIO OFFICE: POST OFFICE BOX Q ASPEN, COLORADO 81611 PHONE: 303 925-7000 APPLICATION FOR JOHN F. DUKES RESIDENCE LOT 13, FILING I, WEST ASPEN SUBDIVISION February 7, 1977 To whom it may concern: I hereby make request to have the John F. Dukes duplex divided so it can be sold as two separate parcels with a 1/2 interest to the land and common elements. I feel that by doing this to Mr. Dukes' duplex that it will produce two separate improved properties that will be able to be sold as permanent residences as the price range will be down lower than any condominium unit presently on the market. This has been done in a number of other similar properties in the West Aspen Subdivision area and I feel Mr. Dukes' property should be allowed the same consideration. If there is a requirement requiring the six months rental restriction, I am sure Mr. Dukes would have no objection to that being required. The property consists of a side by side duplex which are identical with 1200+ square feet on each side and a two stall garage which would also be divided. There is a common area between the house and the garage that is a utility area to be shared equally by both owners. There is plenty of parking outside and the access to Cemetery Lane is a normal driveway and has caused no problems. I would appreciate you considering this application and informing me of any further requirements you might have. Thank you for your consideration. Sincerely, William C. Mason Agent for John F. Dukes WCM/ms MasonFrMORse I N C O R P O R A T E D MBIO OFFICE: POST OFFICE BOX 0 ASPEN, COLORADO 81611 PHONE: 303 925-7000 N SCARF IM = 30' I, GERARD H. PES,,iAN, CERTIFY THr.T THIS FLAT IS pLCTTED FRCP, FIELD NOTES CF A SURVEY MADE UNDER MY SUPERVISION IN' CCTCEER 1968 Alaxw , ,eta 1 44'STA1Rs cold. reg. prof. eng. & land surveyor 237 LOT I149'ROVEMENT SURVEY CF LOT 1.3 WEST AS°EN SUEDIVISIC N FOR JCHN DUKES BY GERARD H. PFSN:AN 707 NO. 7th ST. GRAND JCT. COLO. 10/24/68 Win.... ..... ........................Y----------- _....... ..... 4 •- ............................. - 1 Ii CU44 AIrrER CITY OF ASPEN FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 01-111 FINES & FORFEITS 511 ❑ BUSINESS LICENSES 561 ❑ COURT FINES 512 ❑ SALES TAX LICENSES 562 ❑ COURT BONDS - FORFEIT 513 ❑ BEER WINE - LIQUOR LICENSES 563.01 Tu'1JING FINES - IMPOUND 514 ❑ CONTRACTOR'S LICENSES 563-02 ❑ TOWING FINES - NOT IMPOUND 516 ❑ LIQUOR LICENSE APPLICATION 564 ❑ TRAFFIC FINES 517 ❑ DOG LICENSE 566 ❑ FALSE ALARM FINES 518 ❑ CENTRAL ALARM LICENSE 568 ❑ DOG IMPOUND FINES 519 ❑ BICYCLE LICENSES 569 ❑ OTHER FINES & FORFEITS 520 ❑ EXCAVATION PERMITS 521 ❑ CONSTRUCTION PERMITS 01-111 OTHER MISC. REVENUES 522 ❑ ELECTRICAL PERMITS 579 ❑ MAPS, CODES, ZONING REGS. 523 ❑ PLUMBING PERMITS 589 ❑ OTHERS (DESCRIBEI 524 ❑ HEATING PERMITS 525 ❑ SEPTIC TANK PERMITS 01-988-632-03 ❑ XEROXING (DESCRIBE) ❑ OTHER - ACCT. NO DESCRIPTION: (NAME, NUMBER, ETC.)- CASHIER VALIDATION RECEIVED FROM CUSTOMER CITY OF ASPEN y 40 FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 01-111 FINES & FORFEITS 511 ❑ BUSINESS LICENSES 561 ❑ COURT FINES 512 ❑ SALES TAX LICENSES 562 ❑ COURT BONDS - FORFEIT 513 ❑ BEER - WINE - LIQUOR LICENSES 563-01 ❑ TOWING FINES - IMPOUND 514 ❑ CONTRACTOR'S LICENSES 563-02 ❑ TOWING FINES - NOT IMPOUND 516 ❑ LIQUOR LICENSE APPLICATION 564 ❑ TRAFFIC FINES 517 ❑ DOG LICENSE 566 ❑ FALSE ALARM FINES 518 ❑ CENTRAL ALARM LICENSE 568 ❑ DOG IMPOUND FINES 519 ❑ BICYCLE LICENSES 569 ❑ OTHER FINES & FORFEITS 520 ❑ EXCAVATION PERMITS 521 ❑ CONSTRUCTION PERMITS 01-111 OTHER MISC. REVENUES 522 ❑ ELECTRICAL PERMITS 579 ❑ MAPS, CODES, ZONING REGS. 523 ❑ PLUMBING PERMITS 589 ❑ OTHERS (DESCRIBE) 524 ❑ HEATING PERMITS 525 ❑ SEPTIC TANK PERMITS 01-988-632-03 ❑ XEROXING (DESCRIBE) Cl OTHER - ACCT. NO.. t DESCRIPTION: (NAME, NUMBER, ETC.): omrmim -�l~ CASHIER VALIDATION , • `-��. - t # ECEIVED FROM