HomeMy WebLinkAboutcoa.lu.ex.Lot2,BuckwheatSubd.1982
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Reception No.olt./cl tJ027 , lor0!~a 5G:-.:,~" [iIU:l Co. Recorder
OOD1'; 428 fACE 15
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION OF THE ASPEN EDGE
CONDOMINIUMS (FORMERLY BUCKWHEAT APARTMENTS)
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WHEREAS, Aspen Accommodations, Inc., a Colorado corporation
(hereinafter "Applicant"), is the owner of a parcel of land
located in the City of Aspen, Pitkin County, Colorado, more part i-
cularly described as :
Lot 2, Buckwheat Subdivision,
City and Townsite of Aspen,
Pitkin County, Colorado
also known as 1235 East Cooper Avenue, Aspen, Colorado.
WHEREAS, there exists on said property a structure in which
the corporation wishes to create separate interests without divid-
ing the land on which said structure is situated: and
WHEREAS, the Applicant has requested and exception, pursuant
to Section 20-19 of Chapter 20 of the Municipal Code of the City
of Aspen, from the full subdivision process for the purpose of
condominiumizing the building on the subject property into eight
(8) units for such conveyance of interests: and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held April 21, 1981, has determined such exception is
appropriate and recommended that the same be granted, subject,
however, to certain conditions: and
WHEREAS, the City Council determined at its meeting of May
26, 1981, that the Applicant's request for such exception was
appropriate and granted said request, sUbject, however, to the
conditions described hereinafter:
NOW, THEREFORE, the City Council of Aspen, Colorado, does
determine that the owner's application for exception from the full
subdivision process for the purpose of condominiumization of the
Aspen Edge Condominiums is proper because the owner's proposed
condominiumization is not within the intents and purposes of the
subdivision ordinance and hereby grants, for such reason, an
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OOOK 428 f<\Gl: 16
exception from the full subdivision process for such condominium-
ization;
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon (1) the applicant's immediate recording with the
Pitkin County Clerk and Recorder that certain "Declaration of
Covenants, Restrictions and Conditions for the Aspen Edge Condo-
miniums", dated ************** June II""" 1 982, 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
binding conditions of approval on this matter set by the Planning
and Zoning Commission and/or City Council.
Dated this /~ay of r - , 1982.
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FORM:
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S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
Purposes of Condominiumization was considered and approved by the
Aspen City Council at its regular meeting held ~ ~~ '
19~ at which time the Mayor, Herman Edel, was authorized to exe-
cute the same on behalf of the City of Aspen.
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Kathryn S
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Koch, City Clerk
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Reception No~9'a?Ool,q' , lor:)ira Zc::..,-,:, iilLi;l C:J. Recorder
ooax,428 't~iGt 17
DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE
ASPEN EDGE CONDOMINIUMS (FORMERLY THE BUCKWHEAT APARTMENTS)
ASPEN ACCOMMODATIONS INC., a Colorado corporation (herein-
after "Covenantor"), for itself and its representatives, succes-
sors and assigns, in consideration for the granting of an excep-
tion from the full subdivision process for the purpose of condo-
miniumization 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 is the owner of the fOllowing-described pro-
perty, together with the improvements (an eight (8) unit residen-
tial structure) located thereon, situated in the City of Aspen,
County of Pitkin, State of Colorado:
Lot 2, Buckwheat Subdivision
City and Townsite of Aspen,
Pitkin County, Colorado,
also known as 1235 East Cooper Avenue, Aspen, Colorado.
2. The sale of any of the eight (8) units located on the
above-described property shall be in strict compliance with the
provisions of Section 20-22(a), Aspen Municipal Code.
3. The eight (8) dwelling units located on the above-
described property shall 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.
4. In the event that any improvement or improvements
required by 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, no
objection will be made by Covenantor to any special assessment or
special tax or proceeding therefor on the basis that the property
is adequately served by existing improvements, nor on the basis
that the premises will not be served or benefited by the improve-
ment or improvements proposed. Further, in such event, Covenantor
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OODK 428 i>\/,E 18
agrees to comply with the requirements of Section 19-101 of the
Municipal Code of the City of Aspen. In this regard, Covenantor
agrees to join any improvement district for construction of
improvements (including curbs, gutters, sidewalks) in the area of
East Cooper Avenue or to reimburse the City of Aspen directly if
the City should choose to construct these improvements without the
formation of such a district, and also agrees to join any improve-
ment district for future drainage and underground utilities
improvements.
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.
this
IN WITNESS WHEREOF, this declaration has been duly executed
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II day of June, 1982.
ASPEN ACCOMMODATIONS, INC.
A Colorado Corporation
By
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eoOK 428 i"GE 19
STATE OF COLORADO )
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County of Pitkin )
The foregoing instrument
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was acknowledged before ;Ille this ..f..iYJ
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C 'Z2, byC~G
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Accommodations, Inc., a Colorado corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
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