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HomeMy WebLinkAboutcoa.lu.ex.Green Family Trust Subdivision4- Icb3" "' ba �reenmm «m K&E 19 1184 5-80 MC9844 AV E N U E H T M A N GUTTER «_ us HYMNN AvE R.(D.W - 74.8' ) 810EW/Vn UNOM CG'NSTFZLCTION f A7 71ME CF 5UKvEY 5 75'09'11"E (a0001 PARKING 4�5 I ­E UNIT 1 L C.E. L*417 2 LI L— ----- IS.O' 1 \ -___.l _______-___ 1 G- n O 5 J r 8 A O� I►1 z , z i 9 3 - o 84 T- ,z 22 2 t Pr,wrr.. /A n N 7_�P 09' i 1" W (cO.00' i 1 HEryE 1 VICINITY fMW 5CALC ,•-, O 5 to, 20' -.0' 6Ci11_E: I., - 10' p/ IS OF 5FARIWC 5 FOUND MON. A5 54-1U PAT UM FLMIE ul�) 0,5. a U 5, C. v C7.5. 9.W CDR. PITKIN CO. CAU{CTWOU5E BENCH MARFC, EL.-79CXo.8. G.C.E. - CvEt ER COMMON ELEMENT L.C.E. = LIMITER C.k = CEILING 14E.1G1-rr F:� ASPEN G , L—I L 1h1 CJ L _J STRCET �L''� l T C� lHr7�� .K /_,✓E L Jxi����j� d Rt C ���� L�f DUR.WT hVC AC SECTION AA SECTION B B AMENDED EAGLE'S NEST CONDOMINIUMS LOTS H & �, BLOCK 6�, OQ0[NAL ASPEN TOWNSffE 0TY OF ASPEN/ PrMN COUNTY, COLORAIDO. NOTE! THIS PLAT 15 RECORDED FOR THE 50LE PURPOSE OF ADDING UNIT DE51&NAMOWn WHICH WE1ZE INADVETZT/v,ITLY LEFT OFF THE ORIGINAL PLAT RECORDED IN 50OK 12 AT P146E 55, PITKIN COUNTY RECORDS, AND TO SHOW ADDITIONAL BUT NOT CONSTRUCTED PARKING. OWNERS CERTIFICATE GKE:LN 1=AMiLY TR1_15T, N/"C-y 6KEEN TCU5TEE AND ELIZAEETH CrEEN TKLbTEL, A5 OWNER OF LOTS N E I, BLO�K Col, OK.IC1Nf1L A5PEN TOWN5ITE., CiTY CF A517 N, PITKIN COUNTY, COLOI`?,�, N4OKEf3Y (:Ef7IFY J AT TP1) M'\F CF E^,&LE'5 NEST CONDOM I N I UM5 I l) 5EFN FURSUA -fT TO it lE PLf I'Ot ES STATfD IN THE CC1'COMINIUM PL-LL/F,ATION FOR EAGLES NEST COHIDOMINIUM�-_) L)/ITJ.7 __ _ D 12C�FZN �i� TXD i___ APAC-XE T ---- OE TW RELOF,05 OF 12ITAN KI COUNTY, CO�O"Lb. C4�EE1N FRMIL 5T E Z TH C�(ZEEN, T USTEE -- 5TATE OF COLORA00 COUNTY CF FITKIN TWE fDC? .O1ta6 OWNERS CERTiFiCAT) WA5 CF� ANDfPK-� WLD BEFOPE ME TWI5 (Zf DAY T C�_' Ki81, 6f ,INANCY GFff-N AS TRL)5TEL A,-Ar LLiZABETN C-REEN f� L TEE CF 1WE GIKLEN rAMILY TR Z?T WITNESS t- f 1 {FWD /AID aT)CIAL 5EA_ r`?Y COMMi551ON f1CPlmf_�-? NOTAr,Y' PUBLIC SURVEYORS CERTIFICATE I, JAME5 1= lUSXK, A REG15TERED LAIV SURVEYOR, " RE6Y CERTIFY 7PAT 71Jt5 KN- KFPKEaErNS AN ,ACTUAL FIELD RJR 1EY UNrDF_R W .D0TCTICN AND SUPERV1510N IN MAKC4 1981, OF LOLD H t, I BLOCK (al, ORIGINAL AtPf_N TbWNSITt , CITY OFAnFE.N, f'ITNIN COUNTY, COLOR NDO ;i D -THAT 1l4E 71-kf�U STORY WooD FRAMP. e MA,,::)ONR ( DUPLa W/f? FOUND IV pE LOX TAD ENTT ILY WITHIN TI. E ' OANP4fC'f LINES OF SAID LDTS H . 1, 5LCCK (o l , AS SHOWN PEFE TLE LOCATION AND 0MEN51ON5 Of THE -)CUNDARY UNES, WILtDINGS IMPKCVEI" ENfS, Fh:EME`� ITt) RIG4T5-0E-WAY IN EVICrXE OR KNOWN TO Pt AND ENCKDACNMENTS F-4 OR CN TPEt)E PR>=M,15E5 ARE ACC_UI?ATELY 4010N ON TPn NV�P, /WD - E t V\P h� Uf2ATELY AND 'a Z5T/WTIALLY DEPICTS TUE LD ATON E THE FiDNZONTAL AND VEKFIC/1L MEi�`� F- rENTS OF 'TV gUIL.DING, Tl4E CONPOMINiUM LNITS TPffK 1N, THI LNIT fJE51CyNATiON THEREOF i vfI pl 7L-E IN5TRLCTIa4f) Pf20v'IL ME P,)( T"-r 0tM , T1-1E DIMEN510N5 CF 5A0 LJNIT5 AND THE E;..E" TION.) OF 71-1E 1 LDD A Ili CEILIN65 J'-mES t�IZESER, L.5 `1 f S4 - - -- f EXf,C= -1}115_Z1�_ W CF A4_e-k___ 1q�2_ j �> 9184 CITY OF ASPEN CONDOMINIUM APPROVAL v 1415 CONDOMINIUM ,M' ,F OF EAGLES HEST CONMMINIUMS ■, : - _ ,_ _ WA`J /�FORC EU a T1-IE CITY C1�UNCrL � THE CITY OF OPEN, G��{q, �• THIS pAl ' � 17 cs � i _r _ I C�f1LCONY 'A LCE 0)= NISI . -- ---- - -- ' ,� T; 0 yi z r Q�r a - n�� UNIT I 1IER 1fW EDE - L' MAY�Z `t NY 11, CITY CL! Rt� Z55 C' `c 0 ys _G R, 12o s.c-. i N E r '-1-�J - 44 h ... 525_ 77 ," =9.75 1 1445 _ - 2!• lh I �; , t-.N�ttiNG 'PL` • :' 0.; N "� - _ 7 C .; F O CH. ICE 5_ ^l < w a 37 = v r; EL = %91Bla PLANNING &- ZONING COMMISSION APPROVAL =go J � _ --- -- ---__ a 91 � : 5 TN15 CONCX IiNtUM PMP Of J�GLES NEST CC IfxjM)'ilUMS in `' I -o H H� N 1565 W%V Ai'PR�;VET'.' E3Y TLf- ANC 2'__-NP TY ._— D� f PN � , 1. 71-77- p Z up '3 Z c 4.8 g Up 9 4. �J a Fl.ow .5 —�P .I wH --• .,i-If�I�N �`� ut T A M�' 4, J � l B , Q 41 :1 - '" ,I„_ 95 , CITY ENGINEERS CONDOMINIUM APPROVAL- � I EL �2`-iG.G \ "� ' U ST B L " L A G �J� L? 2O 455 H.= B i _'i III r,, `� U n =_ t 5 C.41 80 lo � ._- - 275 c �� EL = 79C .': cN -ao Et r ,Y 2-�� h o _ III EL = 7914 I -II THIS (CGNDONAiNIUM I\ WF �f EAGLES NEST COi OCT- IylUMS v N C N � -C H -12 75 + Ai'P C S L'"Y T}-fl CI TY ti �, N�ER OF T+$ < I F ( J) �� : D_OKA - _n4i ` v _ 1,15 I 275 �I I c H = f.5.A5 - --- -- -- ---- • - -- --ji �ti---- - A - r _ ,I ti Oil LERK &RECORDERS CERTIFICATE C A s 2C. �.5 A 1 z O& A _ - ---- - _ <`I 2C -- TkiS CON k Mlhi Y 1 NAP CF EAL�L) 'S 11E5 T LONi Uf 11! (IUMS N 4 7 115 y J~ _ =g.r-� JI1 C' WA5 ACEPTED FCK PI L 4 6 IN 1HL OF(' ICE Of -9#- L EKt� Nf-' RfLC t R OF 1NE COl fYTY 1 woop� L C E uNiT 2 .- OF PITIN, 5TATE CrC�LOQALI�, °T—_--O' L ter` -__M, THIS--_--f�Y of ti b45 � I 178i. hND WAJ DULY FlLff% 1N P)LCK- A7 P/Gi✓ I _-- - --- ----- 9LffrTION HUMP fZ L ` E JNIT 1 B CLEF / NOTES WCOn >tit<� HOT c3UiLT AT - FIRST FLOOR OF SURVEY. :a ri2MBl. SECOND FLOOR THIRD FLOOR AIninn (Ziir..ovc Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 . ul vwywu -) - pl Jly. PSevlS1OnS J Z4 04 U K. Drafted 17 51 0R Title CONDOMINIUM Nh.P L.m u 19 z , i LCCI"\ &I CiTY OF OPEN, MLO AF Job No 51 2� Client Cd� ASPEN/PITKIN PLANNING OFFICE • S 130 South Galena Street Aspen, Colorado 81611 (303)925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 47341 52100 SUB/CONCEPTUAL 63725 47342 52100 SUB/PRELIMINARY 63726 47343 52100 SUB/FINAL 63727 47350 - 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING 63729 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 63711 47331 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 63713 47333 52200 GMP/FINAL 63714 47341 - 52200 SUB/GENERAL 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL PLANNING OFFICE SALES 00113 - 63061 09000 63063 09000 63062 09000 63066 09000 63069 09000 Name: Address: Check No. " Additional Billing: SUB -TOTAL 52200 COUNTY CODE 52200 ALMANAC 00000 G M P 00000 COPY FEES OTHER SUB -TOTAL TOTAL Phone: Project: Date: No. of Hours: MEMORANDUM TO: Aspen City Council FROM: Colette Peniae, Planning Office RE: Green Family Trust - Subdivision Exemption DATE: June 27, 1983 APPROVED AS TO FORM: dye Location: 105 W. Hyman - Eagle's Nest Condominiums. Zoning: R-MF with an RBO overlay. Applicant's Request: Subdivision exemption for the purpose of amending a condominium map to show additional parking spaces. Referral Comments: No comments were received from the City Attorney. The City Engineering Department points out that these parking spaces are located over the sunken patio yard for the employee units. The original patio construc- tion required these to extend beyond the property line onto the City right-of-way. The constructed parking as shown would reduce the patio size within the property. Planning Office Review: This subdivision exemption is being requested pursuant to Section 20-19(b) of the Municipal Code. Ordinance 16, Series of 1983 allows this to be a one-step process before Council. When this duplex requested exemption from GMP for two employee units, two additional parking spaces were required. When the structure fit the classification of a duplex, stacked parking was allowed. With the additional employee units, its classification became a multi -family structure and stacked parking is no longer allowed. Considering that the two new spaces would eliminate the sunken patio, "yard" spaces of the employee units, a compromise of the requirement for parking was reached. The parking spaces are being indicated on the condo- minium map through this exemption process. The condo- minium documents have also been revised to provide a commitment to build the additional spaces if required by a subsequent purchaser. This was the condition of approval in the earlier RBO (Residential Bonus Overlay) action by Council. This subdivision exemption is merely carrying out that condition and the Planning Office recommends approval of this request. Council Action: If Council concurs with the Planning Office recommendation, the appropriate motion is: "I move to approve subdivision exemption for the addition of two designated parking spaces on the Eagle's Nest Condominiums map and the commitment to construct them in the condominium documents and that these revised documents be recorded within 90 days of this action." • • Aspen Planning and Zoning Commission 130 S. Galena Street Aspen, Colorado 81611 P.O. Box 284 New London, CT 06320 May 5, 1982 d 7To MAY 1 1982 !_ A�iI'EN / P; F KIN Co =+NA,'NG OFFp! F RE: Eagle's Nest Condominium - Rezoning to Residential Bonus Overlay I hereby petition the Planning and Zoning Commission to reject the request of the Greer. Family rust for a rezoning request for a Residential Bonus Overlay and an exemption from GMP for employee units for the following reasons. These units were built in clear violation of existing codes and are an imposition to the neighborhood. The inability to sell part of this oversized building at a decent profit should not be alleviated or rewarded now by further disregard for laws and regu- lations of Aspen as well as imposing additional hardships on the neighbors. I hereby request that the legality of the original construction of this building be re-evaluated by an impartial building inspector and town attorney with respect to 1. Set Back Requirement 2. Height 3. Floor Plan A request for this study was made in July 1981 which to my knowledge was never honored. It is rather curious that a request of this nature be made at this time by the Green Trust, that is during the mud season when few, if any, interested neighbors are in Aspen to protect their property rights. If outright rejection is not made by the Planning Commission of the Green request, then the very least should be a 90 day postponement to allow the neighborhood to organize a reasonable opposition to the Green request. Please enter this request into the minutes of the meeting, as well as reading it aloud at the official meeting. R. J. Koen' Owner of Cottonwoods 2F • • 647 Pec-,uot i:v �nue New London, Connecticut 06320 May 9, 1982 Aspen Plannin- and Zoning Commission ? 130 S. Galena Street Aspen, Colorado 81611 MAY 3 1988ASPEN PITKIN CO. / Attn.: Olof Hedstrom , Chairman �L'-AN1uING OFFICE �.spen Planning and Zoning Committee RE: Eagle's nest Condominiums - Rezoning to 3esidential Bonus Overlay I wish to go on record in the minutes of the '�ay 18 public hearing of the Aspen 21anning and Toning Co�c Fission as being opposed to the application from the Green Family Trust for a rezoning request for a .tesidential Bonus Overlay and a request for an exemption from G'T for employee units. The Green Family Trust and this specific piece of property was the subject of irn:ch opposition from neighbors this past simmer. I personally appeared before City Council representing myself and the Cottonwoods Condominiumn Association, m"y contention being that the Green property was in violation of the law on at least three accounts - setback, height, and floor a ---ea ratio. In spite of assurance from, Mayor 'Edel and the former building co.g.-usioner, Herb Paddock, that I would have the i.-ifornation I requested "by 8:00 a.m. the next mornint", I spent the rest of the summer trying to 17et the fiTsres I had requested. The very last hour of my last day I received papers from Atty. Taddune's office containing much miscellaneous information, but still lacking the figures I had requested, particularly in the area of set back." I am requesting that Planning and Zoning look back in the records and recall the amount of opposition that existed re the Green property, which now apparently goes under the name of .agle's hest Condominiu.^Ls - a rather appropriate na-ae, I might add, given the extreme height of the building! In my opinion it would be unconscionable for the Flanning & Zoning Commission to permit yet more zoning infractions or changes to this same property - at the very least it appearo to be another instance on the Aspen building scene of building first, approve later. The timing of the Green request is indeed clever since it is off-season and probably few locals will be in town for the public hearing. If for any reason the Green Family must request is not rejected outright by Pc-Z then there should at least be a 90 day postponement to permit the neighborhood time to present their opposition. It is my hope that the present Planning and Zoning Commission will act responsibly in this matter - having permitted too many violations and/or changes on`this same property in the past - and will deny the request of the Green Fa;gily Trust. Please enter this letter in the minutes of the May 18 meeting, as well as reading it aloud at the official meeting. Sincerely yours, ✓/� Eliza eth G. Traggis 17 t y • POST OFFICE BOX 1102 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 .1011N 'I'llWNIA-S KEL1.Y ATTORNEY AT LAW May 12, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Green Family Trust RBO Dear Colette: TELEPHONE (303) 925-1216 Since the enactment of Ordinance No. 16 (series of 1983) which amends certain provisions of Section 20-19 of the Municipal Code, it is now appropriate that application be made to complete this matter. As you will remember, when City Council passed Ordinance No. 39 there were four requirements set by Council to the RBO approval. I will address each of these in order: 1. Modification of condominium documents to indicate commitment to provide additional parking. Attached is an Amendment to the Condominium Declaration calling for compliance with the ordinance and also a copy of the amended condominium map showing the two additional parking places. I believe these to be self-explanatory, but please contact me if you have questions. Since it is current policy to require a subdivision exception to make any amendment to a plat, I have also attached a formal request pursuant to Ordinance No. 16 (series of 1983). Finally, I have enclosed my check for $ 2. License Agreement. The Council also required that we execute a standard License Agreement with the City. Attached is a draft for your and Gary Esary's review. 3. Declaration of Covenants. The Council required execution of a Statement of Subdivision Exception (I am not sure why) and Declaration of Covenants and Restrictions. Again, I have enclosed drafts for your and Gary's review. 4. R1 Occupancy Standards. The final requirement was an occupancy requirement of the unit to R-1 Occupancy Standards. This, I assume, will be handled by the Building Department as a requirement for issuance of a permit. Colette Penne • Aspen Pitkin Plan ing Office May 12, 1983 Page 2 If you have any questions or comments, please contact me. Yours very truly, John Thomas Kelly JTK/jeo enc. cc: Elizabeth Green SUPPLEMENTAL CONDOMINIUM DECLARATION FOR EAGLE'S NEST CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS WHEREAS, The Green Family Trust by Elizabeth Green, Trustee, and Nancy Green, Trustee (hereinafter collectively called "Declarant") has recorded its Condominium Declaration for the Eagle's Nest Condominiums in Book 419 at Page 879 of the records of Pitkin County, Colorado, and WHEREAS, Declarant is the sole owner of all of the units in the Eagle's Nest Condominiums, and WHEREAS, Declarant desires to amend and supplement said Condominium Declaration; NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, conditions, obligations and additions are made a part of and incorporated into the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 of the records of Pitkin County, Colorado: 1. Exhibit. The attached Exhibit "A" is hereby incorporated into and made a part of the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 and shall be the "Exhibit A" referred to in said declaration. 2. The following language is hereby added to Paragraph 5 ("INSEPARABILITY OF A UNIT"): "In the event of the construction of said employee units, the units shall be rented in the moderate income level and shall be subject to the restrictions, including, but not limited to, the commitment to provide two additional parking spaces, as contained in City of Aspen Ordinance No. 39 (Series of 1982) and Declaration of Covenants, Restrictions and Conditions executed pursuant to said ordinance." IN WITNESS WHEREOF, Declarant has duly executed this supplemental declaration this day of , 1983. GREEN FAMILY TRUST I= ancy Green, Trustee By: Elizabeth Green, Trustee • u Unit Unit A Unit B EXHIBIT "A" Percentage of common ownership 010 50% Total 100% AGREEMENT THIS AGREEMENT made and entered into this day of 1983, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and The Green Family Trust, hereinafter referred to as "Licensee". WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known as 105 West Hyman, Aspen, Colorado, WHEREAS, said property abuts the following described public right-of-way: Garmisch Street right-of-way, WHEREAS, Licensee desires to encroach upon said right-of-way approximately 4 to 8 feet parallel and adjacent to the property above described for the following purpose: Step structure and railroad tie cribbing WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its E • discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of its intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensee shall, at its expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its heirs, successors and assigns. -2- IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. ATTEST: Kathryn S. Koch, City Clerk CITY OF ASPEN, COLORADO yor -3- V STATEMENT OF EXCEPTION FROM `HL FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE ADDITION OF TWO EMPLOYEE UNITS TO TWO EXISTING CONDOMINIUMS WHEREAS, THE GREEN FAMILY TRUST, (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map ppearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of adding one employee unit to each of the two condominium units presently existing on the subject property (said building commonly known as Eagle's Nest Condominiums), WHEREAS, the Aspen Planning and Zoning Commission at its meeting of November 8, 1982 determined that such exception would be appropriate and recommended that the same be granted, subject, however, to certain conditions; and WHEREAS, the City Council determined at its meeting of 19 , that such exception was appropriate and granted same subject, however, to certain conditions; and WHEREAS, the property has been rezoned from R.M.F. to R.M.F./Residential Bonus Overlay pursuant to Ordinance No. 39 (Series of 1982), NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owner's application for exception from the full subdivision process for the addition of one employee unit to each of the existing condominium units is proper because the owner's proposed addition of employee units is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such additional units; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon (1) the applicant modify the condominiumization documents to indicate a commitment to provide two additional parking spaces if a new owner of half the duplex requests them; (2) the applicant obtain an encroachment license for the existing encroachment into the Garmisch Street right-of-way; (3) the applicant meets the requirements for occupancy of the units to R-1 occupancy standards. Dated this day of 1983. Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of the Addition of Two Employee Units to Two Existing Condominiums was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, , was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk -2- STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS TO AMEND A CONDOMINIUM PLAT WHEREAS, THE GREEN FAMILY TRUST (hereinafter "Applicant") is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of amending a previously approved condominium plat pursuant to Section 20-19 as amended, Aspen Municipal Code, as amended; in order to comply with the requirements of the City of Aspen Ordinance No. 39 Series of 1982, WHEREAS, the City Council determined at its meeting of 1983 that such exception was appropriate and granted the same subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado does determine that the owner's application for exception from the full subdivision process for the above -stated is proper because the owner's proposed amendment to a condominium plat is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process. Dated this day of 1983. Mayor • • APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process to amend a Condominium Plat was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Cler 0 • DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE PROPOSED EMPLOYEE UNITS SITUATE IN THE EAGLE'S NEST CONDOMINIUMS THE GREEN FAMILY TRUST for itself and its representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the addition of one employee unit to each of the two existing condominium units described below hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property, as follows: 1. Covenantor is the owner of the following described property, together with the improvements located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known at 105 West Hyman, Aspen, Colorado. 2. The rental of any of the two employee units to be constructed on the above described property shall, when and if constructed, be in strict compliance with the moderate income guidelines as set forth in the Aspen Municipal Code. 3. The two (2) employee units to be located on the above described property shall and hereby are restricted to the moderate income rental guidelines as set forth in Ordinance 79 (Series of 1981) as amended. 4. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Eagle's Nest Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or 0 benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the Eagle's Nest Condominiums or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, and their representatives, successors and assigns, for the period of the life of the longest -lived member of the presently constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years, whichever period is less, from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of , 1983. THE GREEN FAMILY TRUST By Nancy Green, Trustee By: Elizabeth Green, Trustee -2- STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1983 by Nancy Green and Elizabeth Green, Trustees of The Green Family Trust. Witness my hand and official seal. My Commission expires: Notary Public Address: -3- 0 • MEMORANDUM TO: Colette Penne, Planning Office FROM: Louis Buettner, Engineering Departmen DATE: June 2, 1983 RE: Green Family Trust (RBO) ---------------------------------------------------------- This application is to change the existing condominium plat by adding 2 parking spaces for "RBO" requirement. These parking spaces are located over the sunken patio yard for the lower units. The original patio construction required these to extend beyond the property line onto the City right-of-way. The constructed parking as shown would reduce the patio size within the property. The Engineering Department feels that the 2 parking spaces should be constructed and not only shown on the plat, but if the spaces are not constructed at this time, the parking code requirement will be cercumvented. When the development on a parcel of land is so great as to deny the compliance with the code, then additional development should be denied. LB/co MEMORANDUM To: City Attorney City Engineer Planner: Colette Penne Re: Green Family Trust RBO Date: May 23, 1983 Attached is a letter of application for RBO approval of the Eagle's Nest Condominiums. The applicant has addressed the four requirements established by Ordinance 39 set by Council for RBO approval. Please review the materials and return your comments to the Planning Office no later than June 1 as the matter will be presented at the June 13 City Council meeting. Thank you. 0 • JOHN THOTMAs KELLl' ATTORNEY AT LAW POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN, COLORADO 81611 May 12, 1983 Ms. Colette Penne Aspen Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Green Family Trust RBO Dear Colette: TELEPHONE (303) 925-1216 Since the enactment of Ordinance No. 16 (series of 1983) which amends certain provisions of Section 20-19 of the Municipal Code, it is now appropriate that application be made to complete this matter. As you will remember, when City Council passed Ordinance No. 39 there were four requirements set by Council to the RBO approval. I will address each of these in order: 1. Modification of condominium documents to indicate commitment to provide additional parking. Attached is an Amendment to the Condominium Declaration calling for compliance with the ordinance and also a copy of the amended condominium map showing the two additional parking places. I believe these to be self-explanatory, but please contact me if you have questions. Since it is current policy to require a subdivision exception to make any amendment to a plat, I have also attached a formal request pursuant to Ordinance No. 16 (series of 1983). Finally, I have enclosed my check for 2. License Agreement. The Council also required that we execute a standard License Agreement with the City. Attached is a draft for your and Gary Esary's review. 3. Declaration of Covenants. The Council required execution of a Statement of Subdivision Exception (I am not sure why) and Declaration of Covenants and Restrictions. Again, I have enclosed drafts for your and Gary's review. 4. R1 Occupancy Standards. The final requirement was an occupancy requirement of the unit to R-1 Occupancy Standards. This, I assume, will be handled by the Building Department as a requirement for issuance of a permit. Colette Penne • Aspen Pitkin Planning Office May 12, 1983 Page 2 If you have any questions or comments, please contact me. Yours v y ruly, John Thomas Kelly JTK/jeo enc. cc: Elizabeth Green • SUPPLEMENTAL CONDOMINIUM DECLARATION FOR EAGLE'S NEST CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS WHEREAS, The Green Family Trust by Elizabeth Green, Trustee, and Nancy Green, Trustee (hereinafter collectively called "Declarant") has recorded its Condominium Declaration for the Eagle's Nest Condominiums in Book 419 at Page 879 of the records of Pitkin County, Colorado, and WHEREAS, Declarant is the sole owner of all of the units in the Eagle's Nest Condominiums, and WHEREAS, Declarant desires to amend and supplement said Condominium Declaration; NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, conditions, obligations and additions are made a part of and incorporated into the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 of the records of Pitkin County, Colorado: 1. Exhibit. The attached Exhibit "A" is hereby incorporated into and made a part of the Condominium Declaration for Eagle's Nest Condominiums recorded in Book 419 at Page 879 and shall be the "Exhibit A" referred to in said declaration. 2. The following language is hereby added to Paragraph 5 ("INSEPARABILITY OF A UNIT"): "In the event of the construction of said employee units, the units shall be rented in the moderate income level and shall be subject to the restrictions, including, but not limited to, the commitment to provide two additional parking spaces, as contained in City of Aspen Ordinance No. 39 (Series of 1982) and Declaration of Covenants, Restrictions and Conditions executed pursuant to said ordinance." IN WITNESS WHEREOF, Declarant has duly executed this supplemental declaration this day of , 1983. GREEN FAMILY TRUST ancy Green, Trustee By: Elizabeth Green, Trustee � • • Unit Unit A Unit B EXHIBIT "A" Percentage of common ownership 50% 011F Total 100% • 0 POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN. COLORADO 81611 JOHN THOM_1S KF,LLY ATTORNEY AT LAW Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 May 12, 1983 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: TELEPHONE (303) 925-1216 This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. • is POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN, COLORADO 81611 ATTORNEY AT LAW Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 May 12, 1983 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: TELEPHONE (303) 92S-1216 This is an application on behalf_ of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. • ATTORNEY AT LAW POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN. COLORADO 81 61 1 May 12, 1983 Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: TELEPHONE (303) 925-1216 This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. • 0 1l111N T1111m:xs Kv1.1.1- A T T OR N E Y AT LAW POST OFFICE BOX 1109 117 SOUTH SPRING STREET ASPEN- COLORADO 81611 May 12, 1983 Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Gary S. Esary, Assistant City Attorney 130 South Galena Aspen, Colorado 81611 Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Request for subdivision exception for amendment of plat Ladies and Gentlemen: TELEPHONE 1303) 925-1215 This is an application on behalf of my client, The Green Family Trust, for an exception from the Full Subdivision Process to amend a previously recorded Plat, pursuant to Section 20-19 as recently amended by Ordinance No. 16 (Series of 1983). The purpose of this application is simple. When Council approved Ordinance No. 39 (Series of 1982) rezoning the property from R.M.F. to R.M.F./R.B.O., Council required that the condominium documents be amended to indicate a commitment to provide two additional parking spaces. It is the City Attorney's opinion that this requires a subdivision exception since it modifies the existing plat; hence the application. This matter is clearly within the purview of newly enacted Ordinance No. 16 as it is merely compliance with a requirement (designation of additional parking) required by Council and is, therefore, clearly not within the intents and purposes of the subdivision regulations. I have attached a copy of the amended Plat for your review. Yours very truly, John Thomas Kelly Attorney for The Green Family Trust JTK/jeo enc. Ar_pFT.'n PMM THIS AGREEMENT made and entered into this day of , 1983, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to as "Aspen" and The Green Family Trust, hereinafter referred to as "Licensee". WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known as 105 West Hyman, Aspen, Colorado, WHEREAS, said property abuts the following described public right-of-way: Garmisch Street right-of-way, WHEREAS, Licensee desires to encroach upon said right-of-way approximately 4 to 8 feet parallel and adjacent to the property above described for the following purpose: Step structure and railroad tie cribbing WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days' written notice of its intent to cancel. This license may be terminated by Aspen at any time and for any reason by resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensee shall, at its expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its heirs, successors and assigns. -2- IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. ATTEST: Kathryn S. Koch, City Clerk CITY OF ASPEN, COLORADO M Mayor -3- • STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE ADDITION OF TWO EMPLOYEE UNITS TO TWO EXISTING CONDOMINIUMS WHEREAS, THE GREEN FAMILY TRUST, (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map .appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of adding one employee unit to each of the two condominium units presently existing on the subject property (said building commonly known as Eagle's Nest Condominiums), WHEREAS, the Aspen Planning and Zoning Commission at its meeting of November 8, 1982 determined that such exception would be appropriate and recommended that the same be granted, subject, however, to certain conditions; and WHEREAS, the City Council determined at its meeting of , 19 , that such exception was appropriate and granted same subject, however, to certain conditions; and WHEREAS, the property has been rezoned from R.M.F. to R.M.F./Residential Bonus Overlay pursuant to Ordinance No. 39 (Series of 1982) , NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owner's application for exception from the full subdivision process for the addition of one employee unit to each of the existing condominium units is proper because the owner's proposed addition of employee units is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such additional units; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon (1) the applicant modify the condominiumization documents to indicate a commitment to provide two additional parking spaces if a new owner of half the duplex requests them; (2) the applicant obtain an encroachment license for the existing encroachment into the Garmisch Street right-of-way; (3) the applicant meets the requirements for occupancy of the units to R-1 occupancy standards. Dated this day of 1983. Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of the Addition of Two Employee Units to Two Existing Condominiums was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, , was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk -2- STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS TO AMEND A CONDOMINIUM PLAT WHEREAS, THE GREEN FAMILY TRUST (hereinafter "Applicant") is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of amending a previously approved condominium plat pursuant to Section 20-19 as amended, Aspen Municipal Code, as amended; in order to comply with the requirements of the City of Aspen Ordinance No. 39 Series of 1982, WHEREAS, the City Council determined at its meeting of , 1983 that such exception was appropriate and granted the same subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado does determine that the owner's application for exception from the full subdivision process for the above -stated is proper because the owner's proposed amendment to a condominium plat is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process. Dated this day of , 1983. Mayor APPROVED AS TO FORM: Paul J. Taddune, City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process to amend a Condominium Plat was considered and approved by the Aspen City Council at its regular meeting held , 1983, at which time the Mayor, 1. was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE PROPOSED EMPLOYEE UNITS SITUATE IN THE EAGLE'S NEST CONDOMINIUMS THE GREEN FAMILY TRUST for itself and its representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the addition of one employee unit to each of the two existing condominium units described below hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property, as follows: 1. Covenantor is the owner of the following described property, together with the improvements located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Condominium Units A and B, Eagle's Nest Condominiums (a Condominium) according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page also known at 105 West Hyman, Aspen, Colorado. 2. The rental of any of the two employee units to be constructed on the above described property shall, when and if constructed, be in strict compliance with the moderate income guidelines as set forth in the Aspen Municipal Code. 3. The two (2) employee units to be located on the above described property shall and hereby are restricted to the moderate income rental guidelines as set forth in Ordinance 79 (Series of 1981) as amended. 4. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Eagle's Nest Condominiums, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or 9 • benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any improvement district formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the Eagle's Nest Condominiums or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, and their representatives, successors and assigns, for the period of the life of the longest -lived member of the presently constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years, whichever period is less, from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of 1983. THE GREEN FAMILY TRUST By: Nancy Green, Trustee By: Elizabeth Green, Trustee -2- STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1983 by Nancy Green and Elizabeth Green, Trustees of The Green Family Trust. Witness my hand and official seal. My Commission expires: Notary Public Address: -3-