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HomeMy WebLinkAboutcoa.lu.ec.Lot1-W.AspenSubd.1983 -. ~~..,._"","~-.'"~ r_ ::'-. "eJ ~-: :., ;-J .~'.J -~). llOOK439 f:,!\l.,: 3," tl c'~ --1_: ~.....l -0:::,. :-v ,J ~. ~ ::;J - 1.--:- C) :_.: "c,) STATEMENT OF EXCEPTION FROM THE DEFINITION OF --0 -' ~ StmiJIVWON = rD ~ ~ 1(-7 U!.--' . ...:.. WHEREAS, Charles G. Weaver, Jr. and Jay R. Kuhne are the owners of a parcel of land located in the City of Aspen, County of Pitkin, State of Colorado, more particularly described as follows: Lot 1, West Aspen Subdivision, Filing I-A, City of Aspen, Pitkin County, Colorado. WHEREAS, there exists on said property a duplex structure which the owners wish to divide into separate condominium interests; and WHEREAS, there has been made an Application for Exception from the Definition of Subdivision for the purposes of condominiumization of an existing duplex structure pursuant to Section 20-19 of the Municipal Code of the City of Aspen; and WHEREAS'~ Planning & Zoning Commission, at its meeting held on ~ , 1981, has determined that such exception is approprI tel and WHEREAS, the City Council has found the proposed condominiumization of the existing duplex structure to be appropriate for exception from the strict application of the provisions of the subdivision regulations, and on September 28, 1981, approved the owner's application for exception from the definition of subdivision subject to the following conditions: 1. The recommendations of the Building Department be complied with; 2. The condominium plat be revised and resubmitted as per the Engineering Department request; 3. The owner/applicant be required to join a sidewalk, curb and gutter improvement district in the event one is formed; 4. The units shall be restricted to six month minimum leases with no more than two shorter tenancies per year and existing tenants shall be given written notice when their unit is offered for sale as specified at Section 20-22(a). NOW THEREFORE, the City Council of the City of Aspen does hereby determine that strict application of the provisions of subdivision regulations would result in undue hardship to the owners who propose condominiumization of the existing duplex structure situated on the above-described land and does, for such reason, grant an exception from the definition of subdivision for such application subject to the conditions set forth above. euOK 439 i.\G: 37 DATED: January ~ 1983. ft~ Be man Edel, Mayor I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held on September 28, 1981, at which time the mayor, Herman Edel, was authorized to execute the s,~lI\e" On behalf of the City of Aspen. /0 ~~xy:;.. / /'.......... ',' /;;:.~'L Kathryn S City Cler - Roell :. ~.. ~ ',)". ~.... 0"("'1"". '.', y', '. " ' :J: ^ \ '. ~ STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The forego' this ~ day of the City of Aspen. / My commission expires: x;I/J Y My addre s s is: / J 0 J. (A,...t[:",-4 If (J {14/X-n..-/ ~u was subscribed and sworn to before me ~j, by Herman Edel, Mayor of WITNESS my hand and official seal. .' " ( Z~d ~otary , -'-. , 'J '.' . 7f;6~mrU~ Pub l.C (i'-' .l.~.~'.'. .;~ , ......J . , ~::-: '~.'," ,.~ (,: ........ <.', "\ . "....../ .... W: 7/. '0.,' ,i. D~: ('.' 1.... ) .','. ~.j'I' ")' , , .C/ , : I.; OOUt; 439 lie: 38 STATE OF COLORADO SS COUNTY OF PITKIN The fOreg~o' g was subscribed and sworn this ~ day of ,~~' 1983, by Kathryn Clerk My commission expires: ~/}-;f to before me S. Koch, City My address is: /5 cJ /, ~A"vu.-../4- /":J1~'^'/ GO WITNESS my hand and official seal. () A71(,,' AfA... ('. ",;rn'-l~~. Notary Public 1)0"1:.10,,-, -,I -- ,'........'-J .I.~..... J/-, ....'. U. /./. J w: 'Y. U '/' .' tl'): rj. 1.\." ,~- .-<'. t>-/ ' ' , """. '< C ,,' ~ "-0" ,. ~ " ,,". . . ,. ''; '" ~ '-.- . , " .. ,,) BlJUK 439 i-}\I.,.-: 39 - ...:! -'. ,. ~, 1 I') :.''; ,J . ::r -.---; eJ;:; ::=J ITl ~..J..J ~...' Charles G. Weaver, Jr. and Jay R. Kuhne ("Covenantors") for themselves, their successors and assigns, hereby covenant with the City of Aspen, County of Pitkin, State of Colorado: COVENANT r- :' 1. Covenantors are the owners of the following described real property situated in Pitkin County, Colorado: Lot 1, West Aspen Subdivision, Filing I-A, City of Aspen, Pitkin County, Colorado with the street address of 735 Cemetery Lane, Aspen, Colorado, together with improvements located thereon, specifically a duplex structure. ; All of Covenantors' real property is to be encumbered by these Covenants. 2. Covenantors hereby agree that the real property and improvements shall henceforth be encumbered by an obligation to join an improvement district for construction of sidewalk, curb and gutter in the event one is ever formed in the neighborhood. 3. Pursuant to Section 20-22 of the Aspen Municipal Code, the Covenantors agree that in the event of any sale of either of the condominiumized units of the duplex, they will provide written notice of such sale to the tenants and will give the tenants an option to purchase in accordance with the terms of Section 20-22. 4. Also in accordance with the provisions of Section 20-22 of the Aspen Municipal Code, each condominiumized unit of the duplex shall be deed restricted to six month minimum leases with no more than two short-term tenancies per year. 5. The covenants contained herein are to run with the land and shall be binding upon the parties hereto and all persons claiming under them for the period of the life of the longest lived member of the present City Council plus twenty-one (21) years, or for a period of fifty (50) years, whichever period is less from the date this covenant is recorded, unless extended or sooner terminated by an instrument signed by the City of Aspen and t~ .. then record owners of the condominiumized property. IN WITNESS WHEREOF these covenants have been dUIY,i executed this ~ day of January, 1983. .j.J. - IlUOK 439 i.'\,~ 40 STATE OF COLORADO SS COUNTY OF PITKIN Subscribed and sworn to before me by Charles G. Weaver, Jr. this J:L day of January, 1983. " ,. "..<~J"..,-),~ ~. ~ ..' ~. c')", ,;, ,. 21"1:' ,\\\l\M' ! :: ~! ~<r-Q-"> "- ~. PII" \ ,(' ~ (fl..A .'. t,.. ~:' ~""~~:;:"~'.; My address is: 'f/J'i(/<;;lJ I J J.}114- E. cL.rYr~ ..4~fO/).,. ,(lJ) ~ II", I I and official ,0al. . S~-iL ~ My commission expires: t ~ ~ :: ,) . WITNESS my hand ....,.. STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) Subscribed and sworn to before me by Jay R. Kuhne this -LL day of January, 1983. My commission expires: #/1'1/8'/ I , 4/5 E. JcLr~A~ .4r::. ./I.b,... (Z.,. <j I b II p , and official seaJ... SJ:tdL -~ . NO~PUbl1.C My address is: " " ;-, /<~..~..::. = Cl : , (1 ,.;~- i' , =~ : \~iJ\f'"") J ; ~: -->-y-.,. . . ') '0 " I C''' \-.~~'~.."..'" , ". ,.. ",,_ f' J. C..... >\ WITNESS my hand ~"l :;