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HomeMy WebLinkAboutcoa.lu.ec.715 E Hopkins.LotsC&D,Blk104.1982 '. ... "IjUK4~', ",ds{J4 '- ..., Ii =i,... ~o ..c:.. %::0 0"' .......... CO :<;' .." ::0 co 0'1 ",)>0 0% s= ~~ A _ 0::0 (hereinaft~ "ARblicant 'If, 11 [t- STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION FOR THE EDGE OF AJAX CONDOMINIUMS N A (0 WHEREAS, EDGE OF AJAX, INC. is the owner 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 C and D, Block 104, City of Aspen, County of Pitkin State of Colorado; also described as 715 East Hopkins Street in Aspen, Colorado; and WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumi- zing the building on the subject property (said building com- monly known as the Edge of Ajax Condominiums); and WHEREAS, the Aspen Planning and Zoning Commission at its meeting of October 7, 1980, determined that such exception would be appropriate and recommended that the same be granted, subject, however, to certain conditions; and WHEREAS, the City Council at its meeting of November 24, 1980, determined that the owner's request for such excep- tion 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 condominiumiza- tion of the Edge of Ajax 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 exception from the full subdivision process for such condominiumization; PROVIDED, HOWEVER, that the foregoing exception is expressly conqitioned upon (1) the Applicant's immediate re- cording with the Pitkin County Clerk and Recorder that certain "Declaration of Covenants, Restrictions and Conditions for the . ".", ,,~ ,^IUK 411 :'.l~ 805 Edge of Ajax Condominiums", dated June 2, 1982, 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 that are binding on this mat- ter set by the Planning and Zoning Commission and the City Council. Dated this Ii day of ~ ,1982. ~~ michfleL Herman Edel, Mayor ,; ~ I, KATHRYN S. KOCH, do hereby certify that the fore- going Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization was considered and ap- proved by the Aspen City Council and that the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. ,.il,::..., ~" :i:: tI, "," *".).,' ,..... IS/t ".-" /' :~"" "<;.\ : ~-\. ~-~ \- . : . ;;.; ~." ,.. ';" * . :..:r~";" ..., ~ '. 4'~~" ^ :'~/, ~ .... ,~,~'l~._, ' ,~ ~ A" ,." ~ . ()I.."., ,_." ..;.. ,':- ,~~ ; .... ... " .. .\ ,', ~ """1' " J~ Kathryn S Koch, City Clerk 2. ',vr".d c' A.,-- . I ,A J .J'~" '___7~... c' .y;:'(<nM.,__Cl.~11 1"1 ::eception No. .Iil.iL'1~L L.:-. ...'.- '3...fI!!_1 '-"'fed"-....., . --"'i i ;:.,U L''':~. r..ccorder DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE EDGE OF AJAX CONDOMINIUMS 198~ "\iI!K427 "l.~866 EDGE OF AJAX, INC. (hereinafter "Covenantor"), for itself, its 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 (five residential units in one structure), located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Lots C and D, Block 104, City of Aspen, County of Pitkin, State of Colorado, also described as 715 East Hopkins Street in Aspen, Colorado. 2. The three (3) employee housing units (Units 3, 4 and 5) located on the above-described property shall and hereby are restricted to use as employee housing as described in Sec- tion 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 oc- cupancy limitations within "low income" housing elegibility 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 five (5) dwelling units (Units 1, 2, 3, 4 and 5), 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. 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 . . . \. ~- , "l)UK 4~ ," .'.,' ~l~7 "~,-,,-OUt 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 Aspen. IN WITNESS WHEREOF, this Declaration has been duly executed this ::J-ctay of -0\.\\,)0:- , 1982. County of Pitkin ) ) ss. ) STATE OF COLORADO The foregoing instrument was acknowledged before me this o!.../L-<( day of r---J... .L , 1982, by ANDRE ULRYCH, as president of EDGE OF AJAX, INC., WITNESS my hand and official seal. My commission expires: //-01,1 -,21- ~~tL/J a Notary Public l? .-'A,;. :-6' _~t..\ . ' . _ '. I 0 .r,: :'" ; _' . Notary Public's Address:.', _'--: /_~ <:: 0 ~~~~I!jf7:L'~; .,/ 12.-, (!.. ." . 0 ", ?b/.~~~;,~' \.,.., '." ,..,! i \ ",,' 2 .