HomeMy WebLinkAboutcoa.lu.ec.Seguin, Deborah Condominium 1983
DECLARATION OF
FOR THE
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COVENANTS, RESTRICTIONS AND CONUITIONS
SEGUIN BUILDING (A CONDOMINIUM)
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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-ll.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.
Bf)u~444 P^GE
473
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 ~ day of February, 1983.
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DEBORAH L. S GUIN
STATE OF COLORADO
COUNTY OF PITKIN
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this ~ day of February, 1983 by DEBORAH L. SEGUIN.
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WITNESS my hand and official seal.
My Commission expires:~~/i?~
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Reception #
Recorded at l1:l1AM September 9, 1981 Loretta Banner, Recorder 235447
ItlGG
STATEMENT OF EXCEPTION
FROM SUBDIVISION
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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 Pla~ and Zoning Commission,
its meeting held on the /~ day of ~
determined that an exception from subdivision regulation
is appropriate and recommended that the same be granted,
at
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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 agreed 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
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BtJOK 413 ['ACE 740
notice shall specify the sales price.
have an exclusive nonassignable right
days following tenant's receipt of the
his/her unit at the price specified in
Each tenant shall
for the ninety (90)
notice to purchase
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 (111) 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 parking 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 la~el. ,
Dated this ~ day of ~~ , 1981.
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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
D ignated Committee
ember and Co-partner on behalf
of Vincenti Building Company, a
Michigan Co-Partnership
STATE OF C'r/OYC,Ci D
COUNTY OF r I -H> 1'-"
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ACknowledg:1f subscribed and sworn to before me this.
(IIi/L day of c'~h+ ' 1981, by Lh n. l), t1(t',,'h
designated manageme t committee member and co-partner on behalf
of Vincenti Building Company, a Michigan Co-Partnership.
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witness my hand and official seal.
My commission expires: .J L Ii :;-; JCi f V
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Notary Public
COUNTY OF PITKIN
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STATE OF COLORADO
~ Acknowledge,
day of
yor and
Clerk of the Cit
ed and sworn to b~~Q~~ ~~,.~h*~
, 1981, by ~ air'
as City
Colorado.
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.wi trtess my hand and official seal.
.commission expires: ,J/:J6193
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R-::cordcd ot H 13.~ n'dockr lit,
Receplon No. _;1, f..9.;lQ / , lo~"t;c! [<,
MAY 4 1983 '
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468
'(Gcorder
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 ~., Aspen
Municipal Code, for parking spaces for the said employee units;
and
.ffiEREAS, 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
jjUU{442! f~P:
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.
j~L/
FORM:
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
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, 19lU., at
which time the Mayor, Herman Edel, was authorized to execute the
same, o~ behalf of
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5000444 P^G~
470
EXHIBIT A
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
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 vlith 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 i~ 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.
i5fjU~,444 RMJ
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.
llhhdo.!:l d' . ~Q ~
DEBORAH L. SEGUIN
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
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The foregoing instrument was acknowledged before me
this ~ day of February, 1983 by DEBORAH L. SEGUIN.
WITNESS my hand and official seal.
tfy Commission expires: ,j~ (~
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Address of Notary:
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