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Home My WebLink Aboutcoa.lu.ec.Park Place Dev.1982 , ~._n._~_<~_",,"~.._"".'_'~'___' - .'~"""e',"-_"-'_~'__ OOUK 430 I',\l~ 401 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION FOR PARK PLACE (A CONDOMINIUM) if '7 [~ WHEREAS, PARK PLACE DEVELOPMENT CO., a partnership (hereinafter "Applicant"), is the owner of a parcel of real property (and the improvements thereon) situate in the City of Aspen, pitkin County, Colorado, more particularly described as follows: A parcel of land situated in Block 90, City of Aspen, pitkin County, Colorado. Said parcel being all of Lot D and part of Lots A-C said Block 90 and more fully described as follows: 29 PM tel Beginn1ng at the Northeasterly corner of said Lot D; Thence South 14050'49" West 100.00 feet to the South- easterly corner of said Lot D; Thence North 7~"09'll" West 120.36 feet along the Southerly boundary line of said lots to the Southwesterly corner of said Lot A; Thence North 14050'49" East 41.04 feet along the Westerly boundary line of said Lot A; Thence South 75"09'11" East 60.79 feet to the Easterly wall of the existing building; Thence North 14047'00" East 58.96 feet along said wall and extension thereof to the point of intersection with the Northerly boundary line ot said Lot C; Thence South 75009'11" East 59.64 teet along said Northerly boundary line to the P01nt of Beginn1ng containing 8454 square feet more or less, 243 172 LORETT BA~~ER PITKIN CT RECORDER ~.UG 3 WHEREAS, Applicant has requested an exception from the full subdiv1sion process for the purpose of condominiumizing the building on the subject property (said building commonly known as PARK PLACE); and WHEREAS, the Aspen Plann1ng and Zoning Commission at its meeting of May 4, 1982, determined that such exception would be appropriate and recommended that the same be granted, sub- ject, however, to certain conditions; and WHEREAS, the City Council determined at its meeting of May 24, 1982, that such except10n was appropriate and granted the same, subject, however, to certain conditions; 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 condominiumi- zation of PARK PLACE 1S proper because the owner's proposed condom1niumization is not within the intents and purposes of the subdivision ord1nance and hereby grants, for such reason, an ....~d._~.~__~"__'~.~~...."'.'"___.._._.__" - " BOOK 430 i,\C~ 402 exception from the full suodivision process for such condo- m1niumization; 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 "Declarat1on of Covenants, Restrictions and Conditions tor PARK PLACE", dated July 28, 1982, a copy of wnich is attached hereto as Exhibit "A", and (2) the Applicant's strict compliance with the prov1sions contained there1n and all other binding conditions ot approval on this matter set by the Planning and zoning Commission and/or the City council, for itself, its successors and assigns. /i DATED this dO day ot ~/ , 1982. f!t::::-&~ HERMAN EDEL, Mayor APPROVED AS TO FORM: . "'" - ~ l-t ( PAUL J. TADDuNE City Attorney 1, KATHRYN S. KOCH, do hereby certify that the fore- going Statement ot Exception from the Full Subdivision Process for the Purposes of Condomin1umization of PARK PLACE was con- sidered and approved by the Aspen City Council at its regular meeting held '~ ~;t , 1982, at whiCh t1me the Mayor, HERMAN EDEL, was authorized to execute the same on behalf of the ~.,ityo~ Aspen. ,.. ,~ ," d o ' , ~<, 2"'~:/ ~ KATHRYN S tJ~ City Clerk "11/ , , ~ , .,- ';3 'C ... o < " ". " ~ CO '~'''; I '... ": <..'.... ',.'f'\/"oJ \/,\ , 1""'\\\\ -2- ---rm BOOK 430 I,\L~ 403 ? 4 3 173 DECLARATION OF COVENANTS, RESTRICTIONS, AND CONDITIONS FOR PARK PLACE (A CONDOMINIUM) LORE TA SANNER PITKIN Y. RECORDER AUG 3 2 30 PM 'Bl PARK PLACE DEVELOPMENT CO. (hereinafter "Covenantor"), for itself, its successors and assigns, in consideration for the grant1ng of an exception from the full subdivision process for the purpose of condominiumization with respect to the following described property, nereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property, as follows: l. Covenantor is the owner of the following described property, together with the improvements eight (8) commercial condominium units and tour (4) employee housing units located thereon, situated in the City of Aspen, County of pitkin, State of Colorado: A parcel of land situated 1n Block 90, City of Aspen, Pitkin County, Colorado. Said parcel being all of Lot D and part of Lots A-C said Block 90 and more fully descr1bed as follows: Beginning at the Northeasterly corner ot said Lot D; Thence South l405U'49" West 100.00 feet to the South- easterly corner of said Lot D; Thence North 75009'11" West 120.36 feet along the Southerly boundary line ot said lots to the Southwesterly corner of said Lot A; Thence North 14050'49" East 41.04 teet along the Westerly boundary line of said Lot A; Thence South 75009'11" East 60.79 feet to the Easterly wall of the exist1ng building; Thence North 14047'00" East 58.96 teet along said wall and extension thereof to the point of intersection with the Northerly boundary line of said Lot C; Thence South 75009'11" East 59.64 feet along sa1d Northerly boundary l1ne to the Point of Beginning containing 8454 square feet more or less, 2. The four (4) resident1al condominium units (Un1ts 301, 302, 303 and 304) located on the above described property are employee housing and shall and hereby are restr1cted to use as employee housing as described in Section 24-11.4(b) (3) of the Municipal Code of the City of Aspen and to rental and sale terms and price guidelines and to occupancy limitations within "m1ddle income" housing eligibility gU1delines now established by the City Council of the City of Aspen, or as such guidelines may from t1me-to-time be amended by the City Council. .. OOOK 430 i'!\C~ 404 3. All of said residential condominium units located on the above descr1bed 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 Mun1c1pal Code, as amended. 4. The covenants conta1ned herein shall run with the land and shall be binding on all parties hav1ng any right, title or 1nterest in the above described property or any part thereof, and their representatives, successors and assigns, for the period of the life ot the longest lived member of the presently const1tuted Aspen City Council plus twenty-one (21) years, or for a period of t1fty (50) years, whichever period is less, from the date these covenants are recorded. 5. None ot 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 ot the City of Aspen. IN WITNESS WHEREO~, this declaration has been duly executed this 28th day of July, 1982. PARK PLACE DEVELOPMENT CO. By: ~~(}~ Partner STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN this as a The foregoing instrument was acknowledged before me 28 day of July , 1982, by Donald J. Fleisher partner of PARK PLACE DEVELOPMENT CO., a partnership. ',1:;"_ ~7,::'~y~i~:i~~~X~~~"~;,~~::~ .,. . /J : _J__ _ ~ \:. r' · NOTARY PUBLIC "" ! \:' Cj .' Address: 600 E. Hopkins c~'. ." <) .,.: ."" y Aspen, CO 8lbll r ~ .. .... (), -.: F cO',; , Ii I ~ I . . ' -2-