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Home My WebLink Aboutcoa.lu.ec.Quillen Subdivision -"' .ff " , BOOK 509 PAGE248 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF THE QUILLEN SUBDIVISION WHEREAS, Parker S. Quillen and Joan F. Quillen (hereinafter "Applicants") are owners of a parcel of real property in the City of Aspen, Pitkin County, Colorado, described as follows: Lots 11 and 12, Block 1 Red Butte Subdivision WHEREAS, Applicants have requested an exception from the full subdivision process for the purpose of resubdividing Lots 11 and 12, Red Butte Subdivision and any dwelling to be constructed on the subject property to be known as the Quillen Subdivision; and WHEREAS, the City Council determined at its regular meeting held February 10, 1986, that such exception was appropriate and granted the same, subject, however, to certain conditions as set forth below: NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the application for exception from the full subdivision process for the purpose of resubdivision of Lots 11 and 12, Block 1, Red Butte Subdivision is proper and hereby grants an exception from the full subdivision process for the Quillen Subdivision, PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon: 1. Applicant's recording with the Pitkin County Clerk and Recorder, contemporaneously herewith, that certain "Declaration of Covenants, ~esj:,r:ictions and Conditions" for the Quillen Subdivi- sion dated _L~'-~\ a-L\.,L_"'-.,q~_______, 1986, and 2. The Applicant's strict compliance with the prov1s1ons contained therein and all other binding conditions of approval on this matter set by the Planning and Zoning Commission and/or the City Council, for itself, its successors and assigns. Dated this /~daYOf /)/1, '/1 ,1986. _un ~oZ-__ William L. Stirl ng, Mayor ~3RBQ~ AS TO FORM: ~~~}-L~~I_~ l~~_ Paul J. Taddune, City ~t~rney - ~ "" QC) -0 =i,.. ~o %:>> om -1-< -<-< . ... :>>0:> m> "'z 0% ::om Cl::O m ~ N ..... ..... ~ (J'1 cr N .... N ..... ::s:: - ~ , BOOK 509 PAGE249 I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Resubdivision of Lots 11 and 12, Block 1, Red Butte Subdivision was considered and approved by the Aspen City Council at its regular meeting held Feburary 10, 1986, at which time the Mayor was authorized to executed the same on behalf of te City of Aspen. ~et!!hJK>.) ~ ~~____ Kath~f~-~~ City Clerk \\\\.'\1'00;11 "', .,\\'\~ 't OF .. $,....,., D. " .... ~'~ ."Ifl1tl...,. .. ,~~. .' ~ ""\;\ "~'\. ,_ '....... ',,' "o" T",.. : ". ,! ," .:. ~... : .;: ,', ," ! .'-" CJ ,., ~':) ~...'" \~; :.. ~ I, ,\) \'~'~ ~" ,,10\>-" 2 .ecordedat 2; I So.'CIOCk p 'I'f'lltlonr.:fi,. 277'~Sc:' BOOK 509 PAGE250 'd/rt/ '{Co f..,j., ~ -'. nil.'.; DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE QUILLEN SUBDIVISION Parker S. Quillen and Joan F. Quillen ("Covenantors"), for themselves, their heirs, executors, administrators and assigns, in consideration of the granting of an exception from the full subdi- vision process for the purpose of resubdividing Lots 11 and 12, Block 1, Red Butte Subdivision, and any dwelling to be constructed on the subject property to be known as the Quillen Subdivision, hereby covenant with the City of Aspen, to the extent of their interest, to restrict such property and hereby do restrict such property as follows: 1. Covenantors are the owners or have an interest in the following described property, together with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colorado: Lots 11 and 12, Block 1 Red Butte Subdivision 2. In the event that any municipal improvement or improve- ments of any kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the Quillen Subdivision, Covenantors will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improve- ment or improvements proposed. Covenantors further agree to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (including, without limita- tion, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in the area of the Quillen Subdi- vision or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 3. The covenants herein contained shall run with the land and shall be binding upon all parties having any right, title or interest in the property or any part thereof, and their heirs, representatives, successors and assigns, for a period of fifty (50) years from the date these covenants are recorded. 4. None of the covenants contained herein shall be released or waived in any respect during the period they are binding with- out the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. - ,r""", ",-...J BOoK 509 PAfif251 5. In any legal proceeding to enforce the prov1s1ons of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorney's fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this __~~__ day of _m..~______, 1986. f?~~ ifC~__: (a~~_~___ ~ker't.ftQunlen County of Pitkin ) ) ss. ) Ct ~l /! ~~. ?-~F~Q~rri.'.'~t-.. n _'__'=1-L'0.Jzd~~ . " (,.J\, .- -,,-' ~--, STATE OF COLORADO The foregoing instrument was acknowledged before me this -..::&l.e_ day of _..:.1iQl!.L' .JO-L__ _______, 1986, by Parker S. Quillen and Joan F. Quillen. '1 iT'(.(.,.<iIt<j '-' 1-0-<-1 TOt.) '0"""'::> S6i6l(.Z" WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~lLl}J___________ """'''''''' .."., L "1/,...... ~... .'. " .......,,\'"'" ,. '", ...{" '~, ~.. ,,~' ."" -.C:.,L \ g :" r" J .,: ~ :< : ,,\..,iNi'" : .~ ~ '~ -(>."{.- }, ~ ,; <p', PUnl'\': 0 ~,~;..4 -". Ll , ....~('\ ";':: ,$',~......f""........._....._..... ''',,::' ~;'"""'.~~.' ". r.('....,.d~l ""'+"~,:;;;,,+.~ ./Yl-< ...\;..... 0/ l)) iJ"..ry. Notary-pubfIc-------------------- .1>., D 1> 'f q";'J . ,p'" .' ,j:-'Y- --------------------- Ag.qress I lhr/A.j I Qor;z Jbl';... 2