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HomeMy WebLinkAboutcoa.lu.ec.Seguin, Deborah Condominium.1983-EC-02- Deborah L. Seguin u C =a r N �o z In 444 y �� ca 412 - w ;V °' (.D rnn Cn ) = � —o o = = rn a = tV 0o rn DECLARATION OF COVENANTS, RESTRICTIONS AND COI�ftTIONS FOR THE SEGUIN BUILDING (A CONDOMINIUM) DEBORAH L. SEGUIN (hereinafter "Covenantor"), for herself and her heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumiza- tion and exemption from the Growth Management Plan for employee housing, and a waiver, after special review, of any requirements for parking for said employee housing, all with respect to the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantor represents that she is the record title owner of the following described property, together with the improvements (including a commercial structure) located thereon: Lot L, Block 80, original Aspen Townshite, City of Aspen, County of Pitkin, State of Colorado, also known as 304 E. Hopkins Avenue, Aspen, Colorado 81611. 2. The two (2) dwelling units located on the above - described property and described as Units 3 and 4, THE SEGUIN BUILDING (a Condominium) shall and hereby are restricted solely to use as employee housing as described in Section 24-11.4(b)(4) of the Municipal Code of the City of Aspen, as amended, and to rental and sale terms and price guidelines, qualifications guidelines, and to occupancy limitations within "low income" housing eligibility guidelines now established by the City Council of the City of Aspen, or as such guidelines may from time -to -time be amended by the City Council; provided, however, that if any such restrictions and/or guidelines are so amended to become more restrictive as applied to owners, renters or occupants of said units, then the restrictions and/or guidelines in effect as of the date hereof shall apply. I s b{ju{, 444 eAcE 3. The two (2) dwelling units located on the above- described property and described as Units 3 and 4, THE SEGUIN BUILDING (a Condominium) shall be and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in the Aspen Municipal Code, as amended, so long as this Declaration is in effect and so long as such restrictions are requirements of the City of Aspen. 4. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the said Units 3 and 4, THE SEGUIN BUILDING (a Condominium) or any part thereof, and their heirs, representa- tives, 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. 5. None of the covenants contained herein shall be released or waived in any respect 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 --bm-h day of February, 1983. mac. DEBORAH L. SEGUIN STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ��u The foregoing instrument was acknowledged before me this 9bday of February, 1983 by DEBORAH L. SEGUIN. WITNESS my hand and official seal. My Commission expires: 1p-36/ ' Notary is Address of Not ry: •. rJ -2- no 0 l3o s . cap. r� Reception # Recorded at 11:11AM September 9, 1981 Loretta Banner, Recorder 23 -54 47 . � 7 64*-, STATEMENT OF EXCEPTION FROM SUBDIVISION 413 ;'.;"ry39 WHEREAS, VINCENTI BUILDING COMPANY, a Michigan Co - Partnership, (hereinafter referred to as "owner") is the owner of a parcel of land located in the City of Aspen, Pitkin County, Colorado, more particularly described as Lots E, F and G, Block 34, EAST ASPEN ADDITION and Fractional Lots F and G, Block 34, EAST ASPEN ADDITIONAL TOWNSITE, Aspen, Colorado, on which there is situate a duplex residential building, and WHEREAS, owner has requested an exception from subdivision regulation for the purpose of subdividing an existing duplex residential building through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held on the /& day of - - , 199.1 determined that an exception from subdivision regulation is appropriate and recommended that the same be granted, and WHEREAS, the City Council of Aspen, Colorado, has determined that the subdivision of the existing duplex residential building through condominiumization is not within the intents and purposes of the subdivision ordinance set forth in Chapter 20 of the Aspen Municipal Code, NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the proposed subdivision of the duplex residential building located on Lots E, F and G, Block 34, EAST ASPEN ADDITION and Fractional Lots F and G, Block 34, EAST ASPEN ADDITIONAL TOWNSITE, 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 exception from subdivision regulations expressly subject to the following terms and conditions aqreed to by owner and its successors, heirs and assigns. 1. Any existing tenant shall be given written notice in the event that tenant's unit is offered for sale, which 0 ,NOOK 413 740 notice shall specify the sales price. Each tenant shall have an exclusive nonassiqnable riqht for the ninety (90) days following tenant's receipt of the notice to purchase his/her unit at the price specified in the notice. 2. Each tenant shall have a ninety (90) day exclusive nonassignable 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 and acceptance and a copy thereof have been delivered to the tenant. In the event this notice of offer and accept- ance is delivered to the tenant while the ninety (90) day right set forth in paragraph one (1I1) above is still in effect, the tenant may purchase the unit for the amount of the initial specified sales price or the amount of the bona fide offer, whichever is less. 3. Each unit of the duplex shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year. 4. Owner and its successors and assigns shall provide four (4) usable parking spaces for the four (4) bedroom duplex by either regrading the space on the side of building so that it is usable for parkinq purposes or providing space for parking in the alley behind the building. 5. Owner and its successors and assigns shall provide an electrical/communications easement to the City of Aspen across the southeast corner of the Dated this 1� day of Wc/ 1981. %a � froac� Mayor reeo 5-t�Slq-� 4-�t ►c 1�-IRg� ATTEST^..•" - 2 - \_J &J-5 413 i- ,-. 741 VINCENTI BUILDING COMPANY, a Michigan Co -Partnership, the owner of the herein described property agrees to the provisions and restrictions contained herein. VINCENTI BUILDING COMPANY, a Michigan Co -Partnership By Dembignated anagement Committee er and Co-partner on behalf of Vincenti Building Company, a Michigan Co -Partnership STATE OF �pJprlt(LO ) ss. COUNTY OF P V.1 N Acknowledged subscribed and sworn to before me this, �llt day of tL;, -1 , 1981, by ok It 11(eli`� I t „ designated manageme' committee member and co-partner on behalf of Vincenti Building Company, a Michigan Co -Partnership. Witness my hand and official seal. My commission expires J U l 1�(� e � Cj Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Acknowledge , subscribed and sworn to b 244 Wj2:L- day of 1981, by as ayor and as City Clerk of t1ie/City1of'AsjJen, Colorado. Witness my hand and official seal. `1Sr 11'r lrryrr, ', A� �iy ,commission expires ���' CIF C 0 t �) ,•�'.+��: Nota y ublic - 3 - LJ 0 f • � Recorded at r.../ �_J C,'f �OC�C �1A MAY 41983 ace 468 Recepf on No. � ��� / LOY: Pic! ►i :ec©rdcr STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION, EXEMPTION FROM THE GROWTH MANAGE- MENT PLAN FOR EMPLOYEE HOUSING UNITS, AND WAIVER, AFTER SPECIAL REVIEW, OF ANY REQUIREMENT FOR PARKING SPACES FOR SAID EMPLOYEE HOUSING UNITS WHEREAS, DEBORAH L. SEGUIN (hereinafter "Applicant") is the owner of a parcel of real property (and the improvements thereon) more particularly described as follows: Lot L, Block 80, original Aspen Townsite, City of Aspen, County of Pitkin, State of Colorado, also known as 304 E. Hopkins Avenue, Aspen, Colorado 81611; and WHEREAS, applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the building on the subject property (said building commonly known as THE SEGUIN BUILDING and formerly known as the Smith Building) and for an exemption from the Growth Management Plan for the two employee housing units contained therein (said employee housing units to be restricted to "low income" guidelines and to be at least 400 square feet each), and a waiver, after special review, of any requirement, pursuant to Section 24-4.1 et see., Aspen Municipal Code, for parking spaces for the said employee units; and WHEREAS, the Aspen Planning and Zoning Commission at its meeting of July 20, 1982, determined that such exception, exemption and waiver 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 July 26, 1982 that the Applicant's requests for such exception, exemption and waiver were appropriate and granted said requests, subject, however, to certain conditions; NOW THEREFORE, the City Council of Aspen, Colorado, does determine that the Applicant's application for exception from the full subdivision process for the purpose of condomini- umization of THE SEGUIN BUILDING is proper because the Applicant's proposed condominiumization is within the require- ments of Section 20-19(a) of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision pUU? TA(; 469 process for such condominiumization; and further grants an exemption from the Growth Management Plan for the two employee housing units; and further grants a waiver, after special review, of any requirement for parking spaces for the said employee units; PROVIDED, HOWEVER, that the foregoing exception, exemption and waiver are expressly conditioned upon (1) the Applicant's immediate recording with the Pitkin County Clerk and Recorder of that certain "Declaration of Covenants, Restrictions and Conditions for "THE SEGUIN BUILDING (a Condominium)" dated February $, 1983, a copy of which is attached hereto as Exhibit "A", and (2) the Applicant's strict compliance with the provisions contained therein and all other conditions of approval on this matter set by City Council at its meeting of July 26, 1982. DATED this day of February, 1983. Herft4n E e , Mayor APPRQVED,-AX TO FORM: stfnN \City 1411�6rney I, Kathryn S. Koch, do hereby certify that the fore- going Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization and Exemption from the Growth Management Plan for Employee Housing Units and Waiver, after special review, of any requirement to Parking Spaces for those units was considered and approved by the Aspen City Council at its regular meeting held fv%y o?6�,9z , 19$,�., at which time the Mayor, Herman Edel, was authorized to execute the same,op.behalf of the City of Aspen. F 4 4"" XKryn oc City Clerk -2- • U b0�44� Pn�� �7 r, 1��I'.IBIT A � i DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE SEGUI14 BUILDING (A CONDOMINIUM) DEBORAH L. SEGUIN (hereinafter "Covenantor"), for herself and her heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumiza- tion and exemption from the Growth Management Plan for employee housing, and a waiver, after special review, of any requirements for parking for said employee housing, all with respect to the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantor represents that she is the record title owner of the following described property, together with the improvements (including a commercial structure) located thereon: Lot L, Block 80, original Aspen Townshite, City of Aspen, County of Pitkin, State of Colorado, also known as 304 E. Hopkins Avenue, Aspen, Colorado 81611. 2. The two (2) dwelling units located on the above - described property and described as Units 3 and 4, THE SEGUIN BUILDING (a Condominium) shall and hereby are restricted solely to use as employee housing as described in Section 24-11.4(b)(4) of the Municipal Code of the City of Aspen, as amended, and to rental and sale terms and price guidelines, qualifications guidelines, and to occupancy limitations within "low income" housing eligibility guidelines now established by the City Council of the City of Aspen, or as such guidelines may from tirr_e-to-time be amended by the City Council; provided, however, that if any such restrictions and/or guidelines are so amended to become more restrictive as applied to owners, renters or occupants of said units, then the restrictions and/or guidelines in effect as of the date hereof shall apply. • brie-, 444 pvt 471 3. The two (2) dwelling units located on the above - described property and described as Units 3 and 4, THE SEGUIN BUILDING (a Condominium) shall be and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as defined in the Aspen Municipal Code, as amended, so long as this Declaration is in effect and so long as such restrictions are requirements of the City of Aspen. 4. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the said Units 3 and 4, THE SEGUIN BUILDING (a Condominium) or any part thereof, and their heirs, representa- tives, 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. 5. None of the covenants contained herein shall be released or waived in any respect 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 In day of February, 1983. D_LLCl ra) �j DEBORAH L. SEGUIN STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Q1�� The foregoing instrument was acknowledged before me this day of February, 1983 by DEBORAH L. SEGUIN. WITNESS my hand and official seal. C., v! �`• My Commission expires: �o�zF �•UG1_`��' N tary dlublic Address of Notary: a. -2- • Veju-a-.w 4-D &� I