HomeMy WebLinkAboutcoa.lu.ex.Dukes/Bartoy, Manor Lot 13, W. Aspen
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Recorded at 1:41 P.M., June 2, 1977 J I'
II le Harre, Recorder Reception Number:
194815
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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
MDK 329 i'tIGE 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.
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Johh F.
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!lODK329 i'tICt 136
STATE OF COLORADO
ss. :
COUNTY OF PITKIN
Acknowledged before me by Jnhn F, ~\. '\ keS
this 31st day of May, 1977.
My commission expires:
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Stacy S
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STATE OF COLORADO )
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COUNTY OF PITKIN )
Acknowledged before me this _7--Q day of '1"-.
1977, by Stach Standley III, Mayor, and Kathryn Hauter, City Clerk
of the City of Aspen, Colorado.
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my hand and official seal.
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AFFIDAVIT
STATE OF COLORADO
COUNTY OF PITKIN
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
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Subscribed and sworn to before me this ~
day of May,
1977 by JOHN F. DUKES.
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tary Public
My Commission Expires:
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ATTORN EYS AT LAW
TELEPHONE 292-9200
AREA CODE 303
500 EQUITABLE BUILDING
730 SEVENTEENTH STREET
CABLE ADDRESS
DENVER, COLORADO
P. o. SOX 8749
DENVER,COLORAOO 80201
HOLHART, DENVER
PLEASE REPLY TO:
MOUNTAIN PLAZA BUILDING
434 E. COOPER STREf:T, ASPEN, COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
September 15, 1977
Ms. Kathy Hauter HAND DELIVERED
City of Aspen
930 South Galena Street
Aspen, Colorado 81611
Re: Park Dedication Fee/The Bartro:r-ff>vtc=:.E'"'::> ~
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 Bartroy 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
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HOLLAND &HART
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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
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Ferguson, Jr.
DWIGHT K. SHELLMAN, JR.,
AND ASSOCIATES'
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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
Aspen, Colorado
Street
81611
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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.
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
~he foregoing instrument was acknowledged before me
this~day o?-'llc~ ' 1977, by the Declarant, JOHN F.
DUKES. .
Witness my hand and offic'al seal.
My Commission expires:
M E M 0 RAN DUM
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 !, West Aspen Subdivision on
Cemetery Lan e.
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.
LAW OFFICES
DWIGHT K, SHELLMAN, JR.
AND ASSOCIATES
A PROFESSIONAL CORPORATION
ASPEN ATHLETIC CLUB BUILDING. P. 0, BOX G,3
720 EAST HYMAN A VENUE
ASPEN, COLORADO 81611 (303) 925.2710
DWIGHT K, SHELLMAN, JR.
DOROTHY F, NUTTALL
JON DAVID SEIGLE
BARBARA E, ORNITZ
HERBERT S. KLEIN
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,
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 m
Jon
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Sincerely yours,
Seigle
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;Ii March 21, 1977
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M8S0n&MORSe
INCORPORATED
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POST OFFICE BOX a
ASPEN, COLORADO 81611
PHONE: 303 925-7000
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,
!ia
William C. Mason
WCM/ms
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MEMO
TO:
HAL CLARK
PLANNING DEPT.
DAVE ELLIS
CITY ENGINEER
~~
FROM:
DATE: February 16, 1917
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.
n_ ___I
MEMORANDUM
TO:
Dave Ellis
FROM:
Planning Staff (HC)
RE:
Duke's Duplex - Subdivision Exemption
DAlE:
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. .
-~ ----~ --"
MBson & MORse
INCORPORATED
..1n1lfllC8,
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-7000
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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 I, 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,
~
William C. Mason
WCM/ms
Encls.
Mason & MORSe
INCORPORATED
11810 omce,
POST OFFICE BOX a
ASPEN, COLORADO 81611
PHONE: 303 925-7000
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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 thi s to Mr. Dukes' duplex that it wi 11
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,
W~f~
William C. Mason
Agent for John f. Dukes
WCM/ms
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SCALE. ,." 30'
LOT IMPROVEMEJJT SURVEY
OF
LOT 13 WEST ASPEN SUBDIVISICN
FOR
I, GERARD H. PES~~N; CERTIFY THAT THIS JCHN DUKES
PLAT IS PLOTIED FRO: FIELD NCTES OF A BY
SURVEY MADE UNDER ~rr SUPERVISION IN GERARD H. PES~~N
CCTeBER 19MoQ,~~ ,. rJ ,1 a. , 707 NO. 7th ST. GRAND .JCT. COLO.
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colo. reg. prof. eng. &:. land surveyor 2376 , " ,
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CITY OF ASPEN
FINANCE DEPARTMENT II
710:
CASHIER'S RECEIPT
CUSTOMER
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01,111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER. WINE. LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
518 0 CENTRAL ALARM LICENSE
I' 519 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS
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01-111 FINES & FORFEITS
561 0 COURT FINES
562 0 COURT BONDS, FORFEIT
563,01 0 TOWING FINES, IMPOUND
563.02 0 TOWING FINES. NOT IMPOUND
564 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
01,111 OTHER MISC. REVENUES
579 0 MAPS, CODES, ZONING REGS.
589 0 OTHERS (DESCRIBE)
01-988-632.03 0 XEROXING (DESCRIBE)
fiI6THER . ACCT, NOr'h - IlJ - ~R..2.,
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DESCRIPTION, (NAME, NUMBER, ETC,),
\ 'T'<,C^,SH1ER VAL,lqATION I 9.44 ~q
RECEIVED FROM..... \ .\ j ~l( ~ \~__ .
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CUSTO..IER 0
CITY OF ASPEN
FINANCE DEPARTMENT
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CASHIER'S RECEIPT
'I
01-111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER j;'WINE ' LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
S18 0 CENTRAL ALARM LICENSE
519 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS
01-111 FINES & FORFEITS
561 0 COURT FINES
562 0 COURT BONDS, FORFEIT
563-01 Cl TOWING FINES, IMPOUND
563,02 0 TOWING FINES. NOT IMPOUND
564 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
,
01,111 OTHER MISC. REVENUES
579 0 MAPS, CODES, ZONING REGS,
589 0 OTHERS (DESCRIBE)
01-988.632,03 0 XEROXING (DESCRIBE)
o OTHER - ACCT, NO,
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DESCRIPTION, (NAME, NUMBER, ETC,),
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