HomeMy WebLinkAboutcoa.lu.ex.Lot28-WestAspen.Subd.Filing1.1981
STATEMENT OF EXEMPTION
FROM THE
DEFINITION OF SUBDIVISION
Reception NO,.. - --i-
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Recorded at 3:50PM May 14, 1981 Loretta Banner Recorder
WHEREAS, DONALD B. HELMICH (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 28, WEST ASPEN SUBDIVISION, Filing One, on which there
is situate an existing duplex, and
WHEREAS, owner has requested an exemption from the
definition of subdivision for the purpose of subdividing the
existing duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the 17th day of April, 1979, determined that
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WHEREAS, the City Council of Aspen, Colorado, has determined I
that the subdivision of the existing duplex through condominiumizatlion
is not within the intents and purposes of the subdivision ordinanc~
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an exemption from the definition of subdivision is appropriate
and recommended that the same be granted, and
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 28, WEST ASPEN SUBDIVISION, Filing One, 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 definition
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,
which notice shall specify the sales price. Each tenant shall
have an exclusive non-assignable right for the ninety (90) days
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_408 'Ac~412
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!'following the tenant's receipt of the notice to purchase his/her
I!Ullit at the price specified in the notice,
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2.
Each tenant shall have a ninety- (90) day
exclusive non-assignable right of first refusal to purchase his/
her unit, which shall commence when a bona fide offer is made by
a third person and accepted by the owner and notice of the offer
land acceptance and a copy thereof have been delivered to the
Iltenant. In the event this notice of offer and acceptance is
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Idelivered to the tenant while the ninety- (90) day right set
I forth in paragraph one ('1) above is still in effect, the tenant
I:may purchase the unit for the amount of the initial specified
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isales price or the amount of the bona fide offer, whichever is
Iless.
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3. Both units of the duplex shall be restricted to
six- (6) month minimum
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Iltenancies per year.
Dated this /3
leases with no more than two (2) shorter
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IA~t~s't:
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day of meLt' 1981.
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Recorded at 3:51PM May 14, 1981 Loretta Banner Recorder
ReceptionNO
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DECLARATION OF COVENANTS
_408 po,413
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DONALD B. HELMICH (hereinafter cOllectively referred to
as "covenantor") for himself and his successors and assigns
hereby covenants with the City of Aspen, Pitkin County, Colorado,
,;that:
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jjreal property together with the improvements thereof: Lot 28,
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I!WEST ASPEN SUBDIVISION, Filing One, situate in the City of
Ii Aspen, Pitkin County, Colorado (hereinafter referred to as
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I the "property").
1.
Covenantor is the owner of the following described
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 (112) 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.
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_408 If,~~ 414
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4. Both units of the duplex shall be restricted
to six (6) month minimum leases with no more than two (2)
shorter tenancies per year.
5. The east unit of the duplex is hereby rent
restricted and shall not be rented for a rental amount of greater
than four hundred fifty dollars ($450.00) 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, his successors
and assigns and all persons claiming under them for a period of
five (5) years.
IN WITNESS WHEREOF, this declaration has been duly executed
this "E 1",-1- day of tAlfrc.H , 1981.
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DONALD B. HELMICH
STATE OF COLORADO
ss.
COUNTY OF PITKIN
,l',9knowledged, SUbSX ibed and sworn
3/ day of '/71t,",o , 1981, by
"My commission expires: '5 h ks
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to before me this
DONALD B. HELMICH.
Witness my hand and official seal.
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Nota
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ACCEPTED AND APPROVED:
THE CITY OF ASPEN
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Attest:, "
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, ,',.f',': XI- /WcL
o. '" City Clerk
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