HomeMy WebLinkAboutcoa.lu.ec.Corkscrew Duplex Condominiumization
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CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE: 3/C>11 m"r STAFF: a!#e/?:;tl1f./
2. APPLICANT: :Donald 3". 'Z.jLtV1 1 @t.U~V1 UJ. Ba ker, J"r,;_a<-fof'cI~\
5uII/.t /480,' bSO :iuwl 0 (:oy _\//62.~, .h&l7/JfAi ()Io ?o .,?:;I~
3. REPRESENTATIVE: rrl ~tl br
4. PROJECT NAt1E: CorkStt/~,{f' )'yIf1W ,)tlkll;rt'pl 1(/~J'.It)
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5. LOCATION: Iii -/:!.() (/ , 'I fill/or;' ;'/['//1;<<'-/
, kfJ t// I); ,J r) Block /c f,. A1~
6. TYPE OF APPLICATION:
4 Step:
GMP (
PUD (
)
)
Subdivision
X Subdivision Exception ( (J0/lt!J1I1JliJ,tlIJlI1c?lc1;;U)
GMP Exception ( )
Rezoning (
2 Step:
SPA
1 Step:
Use Determination
Conditional Use
Special Review (
)
HPC
No. of Steps:
Other:
7. REFERRALS
)( Attorney Sanitation District
>(Engineering Dept. Mountain Bell
_Housing Parks
Water ___Holy Cross Electric
_City Electric ____fire Marshal/Building Dept.
8. ~I~P~SI/ - rpl:1o~// Denied Date
School District
~Rocky Mtn. I~at. Gas
____State Highway Dept.
-.--fire Chief
Other
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9. PRELIMINARY PLAT REFERRALS:
Attorney
_____Engineering Dept.
_Housing
_Water
_____City Electric
Sanitation District
Mountain Bell
Parks
_____Holy Cross Electric
---.-fire Marshal/Building Dept.
School District
_____Rocky Mtn. Nat. Gas
State Highway Dept.
Other
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z Approved Denied
Date
.
11. FINAL PLAT
Counc il
Approved Deni ed
Date
12. ROU~:
Attorney
..bilding _hgineering
Dther
MEMORANDUM
TO: Aspen ,City Council
FROM: Colette Penne, Planning Office
RE: Corkscrew Duplex Subdivision Exception
DATE: May 24:,1982
Location:
Zoning:
Applicant's
Reques t:
Referral
Comments:
Planning
Office
Review:
Planning
Office
Recommendation
and P & Z
Action:
Council Acti on:
APPROVED AS TO FORM:
Lots N, 0, and P, Block 68, 118-120 E.
R-MF
To form two condominium units, each composed of a free-market
unit on the upper level and a deed-restricted employee rental
unit on the garden level.
The City Attorney's Office has prepared the attached Statement
of Exception and the Declaration of Covenants, Restrictions and
Conditions for the Corkscrew Duplex Condominiums for recorda-
tion with the final condominium plat. The Engineering Department
requests a 10 foot by 7 foot easement for electric and communica-
tions facilities anywhere adjacent to the northerly property
line (with the best location considered to be at the center of
Lot 0, north of the existing service meters). They also asked
for 6 minor additions prior to recordation of the plat.
These units are newly-constructed and therefore, condominiumiza-
tion does not reduce the supply of low or moderate income housing.
An exemption from Growth Management for the two employee units
was granted by Council on January 11, 1982. Covenants for the
deed restriction of the employee units have been submitted to the
City Attorney's office, which also limit the rentals to six-month
minimum leases with no more than two shorter tenancies per year.
All other conditions of the earlier approval are being carried
out. As required by the Planning and Zoning Commission in
exempting the employee units, two additional parking spaces are
being constructed.
The Planning Office and the Planning and Zoning Commission
recommend subdivision exception for the purposes of condo-
miniumization for the duplex located at 118-120 E. Hyman
Avenue (each condominium unit will have a free-market unit
upstairs and a deed-restricted employee rental unit down-
stairs) under the following conditions:
1. The plat revisions outlined by the Engineering Department
be made before recording the plat.
2. The Statement of Exception and the Declaration of Covenants,
Restrictions and Conditions be executed and recorded with
the final condominium plat.
The appropriate motion is:
"I move to approve subdivision exception for the purpose
of condominiumization of the duplex located at 118-120 E.
Hyman Avenue under the following conditions:
1. The plat revisions outlined by the Engineering Depart-
ment be made before recording the plat.
2. The Statement of Exception and the Declaration of
Covenants, Restrictions and Conditions be executed and
recorded with the final condominium plat."
Suiw 1400
-
650 South Cherry Street
Denver. Colorado 80222
303/320.0600
March 29, 1982
Ms. Colette Penne
Assistant Planner
Aspen/Pitkin Planning Office
l3D South Galena Street
Aspen, Colorado 81611
Dear Colette:
This letter is written to request the condominiumization of the
Corkscrew Duplex that I am building at l18-l2D East Hyman Avenue
on Lots N,o& P, Block 68 City and Town site of Aspen. As you know,
the duplex was approved for two (2) caretaker units beneath each
of the principal units at 118 and 120 East Hyman. This application,
however, is not to condominiumize those units separately but rather
just to condominiumize each half of the duplex to include the care-
taker unit in the garden level of each of the upper units. Under
separate cover you will receive a certification from Aspen Title
indicating that Donald J. Egan and Edwin W. Baker, Jr., are in good
title to the units. I also enclose for your use in this application
my check in the amount of $475 to cover the application fee and a
plat of the area which constitutes both the condominium map and the
sub-division plat.
By this letter and application I also am asking for sub-division
exception for the purpose of condominiumization of the units in ac-
cordance with Section 20-22 of the Aspen Municipal Code. In accord-
ance with that Code, I hereby certify that I am not reducing the
supply of low or moderate income housing but rather am adding two
(2) units to the inventory of moderate income housing with the two
caretaker units which were approved by Council as moderate income
units. The unit at 118 East Hyman will be described as Unit 1 and
the caretaker unit as Unit 2. We are therefore asking for this
condominiumization of Unit 1, together with Unit 2. The unit at
120 East Hyman will be Unit 3 and the caretaker unit will be Unit 4.
We are also asking then that Unit 3 be considered together with
Unit 4. As owners and developers of the entire duplex condominium
it is our intention to restrict both caretaker units to moderate
income housing in accordance with the Exemption from Growth Manage-
ment Allocation by the City Council on January 11, 1982. Covenants
restricting these units to moderate income are attached to this
Real Estate Investments and Development
-2-
Ms. Colette Penne - cont'd.
March 29, 1982
letter. The other requirements of the Council approval on January 11,
were that we would submit the covenants referred to above, a complete
condominium plat which is attached hereto, that we would complete the
5' sidewalk in front of the building as soon as weather permitted. I
have ordered the contractor to go ahead and get that sidewalk instal-
led and can assure you that it will be done immediately, providing
the weather prermits.
Thffeis one other requirement that I'm not sure is applicable and that
is that we would provide a lD' x 7' easement in the northeast corner
of the property to permit the installation of transformers and pedes-
tals for electric power and telephone service already underground in
the alley. It's my understanding that the pedestals and transformer
pads are already in place on the north side of the alley at about
the middle of our property. I will check with the appropriate de-
partments and can assure you that if the easement is necessary it
will be provided. There was one other requirement that will be com-
pleted again as soon as weather permits and that is that we provide
two off street parking places for the employee units, one on the east
side of the current paved parking area and one on the west side.
Lastly, by covenant we will agree to restrict both sides of the
duplex to the six month rental restriction as provided in the Aspen
Municipal Code, in addition to the moderate income housing require-
ment previously mentioned.
I would hope that we will be able to be placed on the agenda at P&Z
and the City Council at the earliest possible date so that we might
complete the sale and closing of the west half of the duplex (118
East Hyman) by May 17, 1982. If there are any questions or any
further information you require, please do not hesitate to let me
know. Your assistance in this matter is greatly appreciated.
Very truly yours, .
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Edwin W. Baker, Jr. !
enclosures
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MEMORANDUM
TO:
Colette Penne
Gary Esary, Assistant City Attorney~
FROM:
RE:
Corkscrew Duplex Subdivision Exception
(Condominiumization)
DATE:
April 20, 1982
The attached Statement of Exception and Declarations
for this project are as submitted by the owner (and
modified by this office), as a condition of Council
approval. Please review them to see if they meet with
your approval and conform to the conditions imposed on
the application. Otherwise, this application appears
to be in proper legal form.
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MEMORANDUM
'TO: Paul Taddune, City Attorney
City Engineering Department
FROM: Colette Penne, Planning Office
RE: Corkscrew Duplex Subdivision Exception (Condominiumization)
,DATE: March 31, 1982
Attached is a Subdivision Exception (Condominiumization) application submitted
by Donald J. Egan and Edwin W. Baker, Jr. for 118-120 E. Hyman Avenue, (Lots N,
o and P, Block 68) Aspen. There will be two units formed; each consisting of
one free market component and one employee unit component. This item is
scheduled for the May 4 City P & Z meeting; please review and return comments
to me by Tuesday, April 20, 1982.
Thank you for your time.
.
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MEMORANDUM
TO:
Colette Penne, Planning Office
Jay Hammond, Engineering Department~
April 21, 1982
FROM:
DATE:
RE:
Corkscrew Duplex Condominiumization, Lots N, 0, and
P, Block 68, O.A.T.
-------------------------------------------------------------
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
1. Prior to recordin~ the following items should be
included on the condominium plat:
a. The owners signature.
b. Mortgagee's signature.
c. Surveyor's signature and seal.
d. All survey monuments found and set.
e. The basis of the bearings shown.
f. Indicate all utility meters.
2. While the applicant correctly notes that electric and
communications facilities are currently accomodated by transformers
and pedestals to the north, we would still ask that the Corkscrew
condominiums provide a 10 foot by 7 foot easement on the property.
Future development in the area may create increased demand on the
utilities in the alley and reservation of such an easement might
facilitate relocation of a transformer onto the property. The
easement can be located anywhere adjacent to the northerly
property line although the best location may be at the center of
Lot 0, north of the existing service meters.
3. There seems to be a possibility that the unit designations
(1 through 4) on the plat could create confusion since the applicant
states that in fact only 2 ownerships are being created. This is (
not a major problem but it may be advisable to create a system for
designating each unit making it clear that units 2 and 4 are in fact
connected with the free market units above them. We would be willing
to discuss this with the applicant and are not at this time suggesti~g
any changes as a condition of approval.
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COMPANY, LTD.
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6. Taxes due and payable: any unpaid taxes ilnd o.~3ssesments and any and all tax
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ordered, not yet received tlY COillj)3ny.
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9. Terms, conJition.s, provisions and obligations as contained in Condominium
Declaration for The Corkscrew Duplex Condominiums, recorded in
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EXlll B j T 11.\11 Xl"L\CI!I':]l TO ,\1\]) ~L\i)E A P,\R'f HEREOF
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RequirementS(COlll inueu)
1. Release by the Public Iru,~lL'l' o[ PLtkin Cuunty, Colorado of Deed of
Trust from Ech"in t.J. IL1:Zcr, ,fro for thl~ use of CtJ.J.ranty 13<1nk and Trust
Comp~lny to sC'\:U(L-.: $900,000.00, dated SL'pLl'mbl'r 16, 1981, r~cordcd
September 22, 1981 in Book 414 ell PilgC' 81:3.
2. 'l'crmin:ltion \)1" j:ilLlIll'jng SL~lLL'rnl'nl- 1"1'0111 hh.Jin H. Baker, Jr., Donald J.
FI.;:l1l, ])CbtUI-;;, III l:l1:lr:lllLy iLlI\k, Sl','ur,'d jl;lrly, recorded in Book 414
:It P:lgl' H"3H, I:j I ill!; ~\Il. Ob/I\J:!..
3. !{ecord:ltio!1 or SL:ILl'llll'nt from Llll' llc(ini l itJn of Subdivision.
4. RE..'cord:ll ion nl COlldulll in i l1l:1 nee I drat j un ror 'J'lll' Cork:~cn;lv Duplex
COllJoTlllniulTIs.
5. RccorJ:ltion of COl1uuminiuill >Lip h)~- '1'11'-' Cork;;crc\.J Duplex Condominiums.
NOTE:
1'1.1':I\SI': SL'I\~1LT ITI,:,'IS\, I;, ;1I1e! " ,\BUVE TO ASPEN TITLE COHPANY, LTD.
1\I':FlJI(I': I(I:COIW 1 Nc;.
b. lk'eu fnHll Elh~'i\l hr. B:lkl'L", JI-. Vl';;[illg fl'l' :.;impll~ title in Contran Corp.,
~l TL'X~l"S CorpuL1L i Oil.
llJ'l1.l':.1~_I(I:ll(lII(I'I_IC:T.sNOl TU lIE J(J~C()I(1l1J):
I. Ev.idc11CC or l"Ol1lpJ i,:lllCl' h'ith t.lll' provi"'--;ioll-; or the l~l'.]l Estate Transfer
'j'~IX, Ol-(lill:llll',' N(). 2() (Sc'ril's oj" 197Y).
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STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR THE CORKSCREW DUPLEX CONDOMINIUMS
WHEREAS, Edwin N. Baker, Jr., and Donald J. Egan,
(hereinafter "Applicant"), are the owners of a parcel of
real property (and the improvements thereon) situated in
the City of Aspen, Pitkin County, Colorado, more particularly
described as follows:
Lots N, 0 and P, Block .68, .
City of Aspen, County of Pitkin, State of COlorado;
also described as 118 East Hyman Street (Units 1 and
2) and 120 East Hyman Street (Units 3 and 4) in
Aspen, Colorado; and '
WHEREAS, applicant has requested an exception from the
full subdivision process for the purpose of condominiumizing
the building on the subject property (said building commonly
known as the Corkscrew Duplex Condominiums); and
WHEREAS, the Aspen Planning and Zoning Commission at
its meeting of
, 1982, determined that such
exception would be appropriate and recommended that the
same be granted, subject, however, to the conditions described
hereinafter; and
WHEREAS, the City Council determined at its meeting of
, 1982, that the owners' 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 Corkscrew Duplex Condominiums is
proper because the owners' proposed condominiumization
is not within the intents and purposes of the subdivision
ordinance and hereby grants, for such reason, an exception
from the full SUbdivision process for such condominiumization;
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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 Corkscrew Duplex Condominiums",
dated
, 1982, a copy of which is attached
hereto as Exhibit "A", and (2), the applicant's strict
.
,
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compliance with the provisions contained therein and
all other conditions of approval on this matter set by
City Council at its meeting of
, 1982.
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Dated this
day of
, 1982.
Herman Edel, Mayor
APPROVED AS TO FO~1:
Gary S. Esary
Assistant City Attorney
I, Kathryn 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
, 1982, at which time
the Mayor, Herman Edel, was authorized to execute the
same on behalf of the City of Aspen.
,-~ .
Kathryn S. Koch, City Clerk
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STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION
FOR THE CORKSCREW DUPLEX CONDOMINIUMS
WHEREAS, Edwin W. Baker, Jr., and Donald J. Egan, (hereinafter
"Applicant"), are the owners of a parcel of real property (and the
improvements thereon) situated in the City of Aspen, Pitkin County,
Colorado, more particularly described as follows:
Lots N, 0 and P, Block 68,
City of Aspen, County of Pitkin, State of Dolorado:
also described as 118 East Hyman Street (Units 1
and 2) and 120 East Hyman Street (Units 3 and 4)
in Aspen, Colorado; and
WHEREAS, applicant has requested an exception from the full
sUbdivision process for the purpose of condominiumizing the building on
the subject property (said building commonly known as the Corkscrew
Duplex Condominiums): and
WHEREAS, the Aspen Planning and Zoning Commission at its meeting
of May 4, 1982, determined that such exception would be appropriate and
recommended that the same be granted, subject, however, to the conditions
described hereinafter: and
WHEREAS, the City Council determined at its meeting of
that the owners' 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 Corkscrew Duplex
Condominiums is proper because the owners' proposed condominiumization is
not within the intents and purposes of the subdivision ordinance and hereby
grants, for such reason, an exception from the full sUbdivision process for
such condominiumizationi
PROVIDED, HOWEVER, that the foregoing exception is expressly con-
ditioned upon (1) the applicant's immediate recording with the Pitkin County
Clerk and Recorder that certain "Declaration of Covenants, Restrictions and
Conditions for the Corkscrew Duplex Condominiums", dated
1982,
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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
conditions of approval on this matter set by City Council at its meeting
of , 1982.
Dated this
day of
, 1982.
Herman Edel, Mayor
APPROVED AS TO FORM:
Gary S. Esary
Assistant City Attorney
I, Kathryn 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
, 1982, at which
time the Mayor, Herman Edel, was authorized to execute the same on
behalf of the City of Aspen.
Kathryn S. Koch, City Clerk
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RLS'I'RIC'l'IVE COVENANTS
Employee Dwelling Unit
~:.'~,E ,OJ ~ ,;. fif~i:::l
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THESE COVENANTS made this 3rd
ArR II 12 23 PIl'8LJ
of April, 1984 by
Edwin W. Baker, Jr.
(hereinafter referred to
as 1I0wnerll).
WITNESSETH:
WHEREAS, the Owner is the owner of the following described
property situate i'n the County of Pitkin, State of Colorado,
known and described as follows:
Units 3 and 4
CORKSCREW DUPLEX CONDOMINIUMS
According to the Condominium Map recorded in Plat Book 13
at Page 46, and as defined and described in the Condominium
Declaration for Corkscrew Duplex Condominiums recorded in
Book 427 at Page 188,
(hereinafter referred to as the "property"); and
WHEREAS, the Owner has obtained approval for (and the City
has approved) an additional dwelling unit (hereinafter
referred to as "Unit") on such Property as the same is described
in, and provided for, in the Covenants recorded in Book 426
at Page 969 of the Pitkin County records, and
WHEREAS, it is acknowledged by the Owner that the purpose
of such additional dwelling unit is to provide rental opportunity
for an employee of the community in accordance with guidelines
of the City, and that the Owner
\vishes
to insure that
the Unit continues to be used and occupied as an employee rental
unit in accordance with such guidelines requirements.
NOW, THEREFORE, in consideration of the approval of the
Unit, it is hereby agreed as follow~:
1. The Owner shall maintain the Unit in conformance with
the requirements of the Municipal Code of the City of Aspen as
referred to in the aforementioned document, any and all reprcsen
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tations contained in the application for an additional dwelling
unit, as well as any and all conditions imposed by the approval
granted by the City. In the event any of the toregoing are
inconsistent with other provisions of this Agreement, the
more restrictive shall apply.
2. In addi tion. the Owner a<Jrecs tha t:
a) The Unit shall be registered with the Housing
Authority of the City of Aspen and Pitkin County, Colorado
(hereinafter called "Authority").
b) The Unit shall not be occupied by the Owner or
spouse.
c) The Unit shall not be rented for periods of
less than six (6) months.
d) A copy of the lease and verification of employ-
ment shall be forwarded to the City by the Owner within
10 days following the signing of a lease agreement.
e) The Unit may be offered for rent through the
City if the City finds this Agreement is not being
complied with.
3. The City is hereby authorized to verify the qualifica-
tions of any tenant prior to occupancy; provided, however, that
the Owner shall have the right to select tenants from among
eligible applicants and shall have the final jurisdiction with
respect to the selection thereof, so long as there is compliorce
with this ngrecmcnt.
4. All rental proceeds shall be payable to the Owner
and nothing herein shall be construed to require the City to
supply tenants, nor to constitute an indemnification of the
Owner (by the City) against any losses attributable to the
rental of the Unit, including, but not by way of limitation,
non-payment of rent or damage to the premises.
5. The provisions of this Agreement shall be covenants
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BOOK
running with the land, be binding upon the Owner and the City,
his or its heirs, successors and assigns (and enforceable by
any of them).
6. The term Owner as used herein shall refer to any and
all persons, male or female, having an ownership interest in
the Unit which is the subject of this Agreement.
7. There is hereby reserved to the parties hereto any
and all remedies provided by law (fine, imprisonment, and/or
injunction) for breach of this Agreement or any of its terms.
8. In the event that the City shall have probable cause
to believe that the Owner i.3 violilting tLe p:ovi'3ions at these
covenants, the City may inspect the Unit upon reasonable notice
during reasonable hours to verify occupancy by an employee.
9. The Owner acknowledges that he has read and fully
understands and accepts the terms and conditions of this
Agreement; and further acknowledges that he is relying upon no
oral representations qualifying or limiting the terms hereof.
IN WITNESS WHEREOF, the Owner has
executed this
instrument on the day and year above first written.
OWNER:
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Edwin W. Baker~ Jr'l
~
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
3rd day of April, 1984 by Edwin W. Baker, Jr.
Witness my hand and official seal.
My commission expires June '~5,
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Notary
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1985.
Public
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE CORKSCREW DUPLEX CONDOMINIUMS
EDWIN W. BAKER, JR., AND DONALD J. EGAN (hereinafter "Covenantor"),
for themselves, their heirs, representatives, successors and assigns, in
consideration for the granting of an exception from the full subdivision
process for the purpose of condominiumization 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 property,
together with the improvements (two duplex residential structures) located
thereon, situated in the City of Aspen, County of Pitkin, State of Colorado:
Lots N, 0 and P, Block 68 City of
Aspen, County of Pitkin, State of
Colorado, also described as 118 East
Hyman Street (Units 1 and 2) and 120
East Hyman Street (Units 3 and 4) in
Aspen, Colorado
2. The two (2) employee housing units (Units 2 and 4) located on
the above-described property shall and hereby are restricted 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 "moderate'income" housing eligibility
guidelines now established by the City Council of the City of Aspen, or as
such guidelines may from time-to-time be amended by the City Council.
.
3. The four (4) dwelling units (Units 1, 2. 3 and 4) located on
the above-described property shall and hereby are restricted to six (6)
month minium leases with no more than two (2) shorter tenancies per calendar
year, all as defined in the Aspen Municipal Code, as amended.
4. 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 of
these covenants are recorded.
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5. 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.
IN WITNESS
WHEREOF, this
/i4v
. ,
declaration has been duly executed
this
/1 ~ day of
.
, 1982.
EDWIN W. BAKER, JR.
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STATE OF COLORADO
55.
County of Pitkin
The foregoing instrument was acknowledged before me
this Ic;ft( day of
'ttI1
. 1982, by Edwin W. Baker, Jr.
WITNESS MY HAND AND OFFICIAL SEAL.
I
My commission expires: ,'})),-,__ i :z '7 IY,fS
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Ill-n. ~it
NOTAR PUB C
ADDRESS: tJ,,'lil_r::>_,'T4 (Y.-'Hf $f#J
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STATE OF COLORADO
County of Pitkin
The foregoing instrument was acknowledged before me
thi s ....l.4-;4 day of
-~
I1IAl
, 1982 by Donald J. Egan.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
,1(1h;/.. ..:!'t 11 t:'f-
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:RESS: ,b,,,c) S~Li7.t (?~7#/'1~tJ
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~lEMORANDUI-l
TO: Aspen Planning and Zoning Conmission
FROM: Colette Penne, Planning Office
if: Corlc.screwDuplex Subdivision Exception - Condominiumization
DATI: May 4. 1982
Location:
Lots N. O. and P, Block 68. 118-120 E. Hyman Avenue
Zening:
Applicant's
Request:
R-MF
To form two condominium units, each composed of a free-market
unit on the upper level and a deed-restricted employee rental
unit on the garden level.
Referra 1
Cotrments:
The City Attorney's Office has prepared the attached Statement
of Exception and the Declaration of Covenants, Restrictions and
Conditions for the Corkscrew Duplex Condominiums for recorda-
tion with the final condominium plat. The Engineering Department
requests a 10 foot by 7 foot easement for electric and communica-
tions facilities anywhere adjacent to the northerly property
line (with the best location considered to be at the center of
lot O. north of the existing service meters). ,They also asked
for 6 minor additions prior to recordation of the plat.
Planniny
Office
Review:
l'hese units are newly-constructed and therefore. condominiumi-za-
.tioo does not reduce the supply of low or moderate income housing.
An exemption from Growth Management for the twc employee units
was granted by Council on January 11. 1982. Covenants for the
deed restri~tion of the employee units have been submitted to the
City Attorney's offi ce~ I'.'hich also limit the rentals to silt-month
minimum leases with no more than two shorter tenancies per year.
All other conditions of the earlier approval are being carried
out. As required by the Planning and Zoning Commission in
exsnpting .the employee units. two additional parking spaces are
neing constructed.
Planning
Office
ReCOllllllerulatioo:
l'he Planning Office recommends that you recommend to the City
Counci] that subdivision exception for the purposes of condo-
miniumization be granted for the duplex located at 118-]20 E.
Hyman Avenue (each condominium unit will have a free-market unit
upstairs and a deed-restricted employee rental unit down-
stairs) under the following conditions:
1. The plat revisions outlined by the Engineering Department
be made before recording the plat.
Z. The Statement of Ex!:eption and the Declaration of Covenants.
Restrictions and Conditions be executed and recorded with
the final condominium plat.
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DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS
FOR THE CORKSCREW DUPLEX CONDOMINIUMS
EDWIN N. BAKER, JR., AND DONALD J. EGAN (hereinafter
"Covenantor"), for themselves, their heirs, representatives,
successors and assigns, in consideration for the granting
o'f an exception from the full subdivision process for the
.
purpose of condominiumization 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
property, together with the improvements (two duplex residential
structures) located thereon, situated in the City of Aspen,
County of Pitkin, State of Colorado:
Lots N, 0 and P, Block 68
City of Aspen, County of Pitkin,
State of Colorado, also described
as 118 East Hyman Street (Units 1
and 2) and 120 East Hyman Street
(Units 3 and 4) in Aspen, Colorado.
2. The two (2) employee housing units (Units 2 and 4)
located on the above-described property shall and hereby
are restricted 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 "moderate income"
housing eligibility guidelines now established by the City
Council of the City of Aspen, or as such guidelines may from
time-to-time be amended by the City Council.
3. The four (4) dwelling units (Units 1, 2, 3 and 4)
located on the above-described property shall and hereby
~~C L~~tLicted to SLX (6) month mLnimum leases with no
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more than two (2) shorter tenancies per calendar year, all as
defined in the Aspen Municipal Code, as amended.
4. 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.
5. 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 16pen.
IN WITNESS WHEREOF, this declaration has been duly
executed this
day of
, 1982.
EDWIN W. BAKER, JR.
DONALD J. EGAN
STATE OF COLORADO
)
) SSe
)
County of Pitkin
The foregoing instrument was acknowledged before
me this
day of
, 1982, by
Edwin W. Baker, Jr.
WITNESS ~cr HAND A1~D OFFICIAL SEAL.
My commission expires:
..'oItJl.:d1.j rUul..LC
Address:
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STATE OF COLORADO
l
l. ss.
l
County of Pitkin
me this
Egan.
The foregoing instrument was acknowledged before
day of
, 1982, by Donald J.
WITNESS MY fUWD AND OFFICIAL SEAL.
My commission expires:
,
.
Notary Public
Address:
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ASPEN/PITKIN PLANNING OFFICL,
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
.$ "'/7 ~, 0-0
Name: ~fj& - <( aMI ~ Phone: ~"> - :>":;0 - Ob.
Address: 1ft.. () ,\. r1J!MA- (-,;JIr /"I>fo(e~t: ( b kr fI ",un~
"J/J1,f~4 1"/1 t('I"};;J~ ' ,,(I"
Check No. - 1t7~? S' H f'.:l-..
Additional Billing:
LAND USE APPLICATION FEES
City 11-r~
00113 - 63721 - 47331 - 52100
63722 - 47332 - 52100
63723 - 47333 - 52100
63724 - 47341 - 52100
63725 - 47342 - 52100
63726 - 47343 - 521 00
63727 - 47350 - 521 00
63728 - 47350 - 52100
63729 - 47360 - 52100
County
00113 63711 - 47331 - 52200
63712 - 47332 - 52200
63713 - 47333 - 52200
63714 - 47341 - 52200
63715 . 47342 - 52200
63716 - 47343 . 52200
63717 - 47350 - 52200
63718 - 47350 - 52200
63719 - 47360 . 52200
PLANNING OFFICE SALES
00113 - 63061 - 09100 .52200
63063 - 09100 - 52200
63062 - 09100 - 52300
63066 - 09100 - 52300
63069 - 09100
GMP/CONCEPTUAL
GMP/PRELlMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL .
EXCEPT/EXEMPTION # -</7S, IJf)
REZONING
SPECIAL REVIEW
SUB-TOTAL
GMP/GENERAL
GMP/PRELlMINARY
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
SPECIAL REVIEW
REZONING
SPECIAL APPROVAL
SUB-TOTAL
COUNTY CODE
ALMANAC
GMP
COpy FEES
OTHER
SUB-TOTAL
TOTAL