HomeMy WebLinkAboutcoa.lu.ec. Marlow 1073-1075 Cemetery Ln.1981
Recorded at 3:12PM October 14, 1981' 'etta Banner, Recorder RecePtio"'~23C;~nB ,*
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STATEMENT OF EXCEPTION FROM THE
DEFINITION OF SUBDIVISION
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WHEREAS, HUGH W. MARLOW and BARBARA H. MARLOW are the
owners of a parcel of land located in Pitkin County, Colorado,
more particularly described as:
Lot 7, Block I, Piktin Mesa Subdivision
also known and numbered as 1073-1075 Cemetary
Lane, City of Aspen.
WHEREAS, the foregoing described real property contains
a single family residence converted into a duplex; and
WHEREAS, the applicants have requested an exception from
the definition of subdivision for the purpose of subdividing
the resulting duplex through condominiumization; and,
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held on November 18, 1980, determined that an exception
from the definition of subdivision is appropriate and recommended
that the same be granted; and,
WHEREAS, the City council determined at its regular
meeting held April 13, 1981, that the subdivision of the
existing duplex through condominiumization is not within
the intent and purpose of the subdivision ordinance and does,
for such reason, grant an exception from the definition of
such action;
PROVIDED, HOWEVER, that the foregoing exception is
conditioned upon compliance with the six (6) month minimum
lease provisions of Sec. 20-22(b) of the Municipal Code;
PROVIDED, FURTHER, that the foregoing exception is
conditioned upon applicants' agreeing to join in any improve-
ment district for the construction of curbs, gutters and
sidewalks in the event such an improvement district is formed;
PROVIDED, FURTHER, that the foregoing exception is conditioned
upon compliance with the Notice and Option provisions of
Sec. 20-22(a) of the Municipal Code; and
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PROVIDED, FURTHER, that the foregoing exception is
conditioned upon applicants recording a condiminium plat
that meets the engineering departments approval prior to
the sale of any unit.
Dated this ,~ day of
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, 1981.
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Herman Edel, Mayor
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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 April 13, 1981, at which time the Mayor,
Herman Edel, was authorized to execute the same on behalf of
the City of Aspen.
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STATE OF COLORADO
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COUNTY OF PITKIN
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the City of Aspen and Kathryn
of Aspen.
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was acknowledged before '!ile...thi.s'
1981, by Herman Edel as Mayor of
S. Koch as the Clerk of the City
Witness my hand and official seal.
My commission expires: ~'I'~
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N"otary Public
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Recorded at 3:13PM October 14,
1981C;oretta Banner, Recorder Reception II Z3C3H9 ..
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COVENANTS
HUGH W. MARLOW and BARBARA H. MARLOW (Covenantors),
for themselves, their heirs, executors, administrators and
assigns, hereby covenant with the City of Aspen, Pitkin
County, Colorado that:
1. They are the owners of the following described
property together with the improvements thereon:
Lot 7, Block 1, pitkin Mesa Subdivision,
also known and numbered as 1073-1075
Cemetary Lane
2. The above-described property shall be restricted to
six (6) month minimum leases with no more than two (2)
shorter tenancies in any calendar year.
3. The owners of the above-described property shall
join in any improvement district for the construction of curbs,
gutters and sidewalks abutting said property in the event
such an improvement district is formed.
4. The Covenantors shall record a condominium plat with
the Pitkin County Clerk and Recorder that has been approved
by the engineering department prior to the sale of any unit.
5. At the time either of the units of the duplex
situate on the above-described property is offered for sale,
any existing tenant of the unit offered for sale shall be
given written notice of the intent to sell together with the
sales price sought. The tenant shall have an exclusive,
non-assignable right for the ninety (90) days following receipt
of said notice to purchase the unit at the price specified
in the notice.
6. At the time a bona fide offer to purchase a unit
of the duplex is made and accepted by the owner of the unit,
any exising tenant of the unit shall have an exclusive,
non-assignable right of first refusal to purchase the unit
in accordance with the terms of the accepted offer for the
ninety (90) day period commencing at the time a notice of
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the offer and its 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 period referred to in paragraph 5, 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.
7. The covenants contained herein may be changed,
modified or amended by the recording of a written instru-
ment signed by the record owners of the property and the
Mayor of the City of Aspen, pursuant to a vote taken by the
City Council.
8. The covenants contained herein are to run with
the land and shall be binding on all parties and all persons
claiming under them for a period of fifty (50) years from
the date these covenants are recorded, after which time, the
covenant contained in paragraph two (2) shall be automatically
extended for successive periods of ten (10) years, unless
an instrument signed by the record owners of the property
and the Mayor of the City of Aspen pursuant to a vote taken
by the City Council has been recorded which changes said
covenant, in whole or in part, or which releases the same,
and the covenants contained in paragraph three (3) shall be
released.
IN WITNESS WHEREOF this Declaration has been duly
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executed th:LS ,r day of 7f ~..A..L _ ,1981.
Hj!f.::w~~
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bara H. Marlow
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STATE OF
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COUNTY OF
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, The foregoing instrument was acknowledged before me this
,q~.f't'day of pL 1981, by Hugh W. Marlow and Barbara H. Marlow.
witness my hand and official seal.
My commission expires: .;2-/11- 1'-3
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