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HomeMy WebLinkAboutcoa.lu.ec.717-721-725 W Francis St.1983 ~.'i... '. , BOOK 446 PAGE 341 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION WHEREAS, the provisions of Section 20-19 of the Aspen Munici- pal Code provide that the City Council may except a particular division of land from the full subdivision process under certain circumstances; and WHEREAS, pursuant to said Section 20-19, Scott Edmondson, Patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes (hereinafter "Owners") have requested such an exception from the full subdivi- sion process for the condominiumization of the West Francis Street Condominium on real property owned by them and known and described as follows: Lots E, F and G, Block 16, City and Townsite of Aspen, County of Pitkin, State of Colorado also known as 717-721-725 West Francis Street, Aspen, Colorado 81611 WHEREAS, the Aspen Planning & Zoning Commission on June 16, 1981, recommended approval of such request subject, however, to certain conditions; and WHEREAS, the Aspen City Council has determined that the requested exception was appropriate and on September 14, 1981, approved the owners' application for such exception subject to the following conditions: 1. The owners of the subject property shall for themselves, their successors and assigns agree and covenant to join an improvement district for construction of sidewalk, curb and gutter in the event such an improvement district is ever formed in the neighborhood. 2. The owners obtain an encroachment license for fences extending into the alley and West Francis Street. 3. Compliance by the owners with requirements established by the Building Department of the City of Aspen, pursuant to the inspection contemplated by Section 20-22(e) of the Municipal Code. ~- -0 "" -l~_ :'0 "'" ~o ---;-, U'! '-'-' f~' n -' -, , CJ -i .!>o. --'~ :;,";:- .0 :;!C-C_' .1') ~ ,:-q> 'oz ..", -0-'- = ;tJ.,." 0;0 C' co IT. , ... ". BOOK 446 PAGE342 4. Submission of the condominium plat to the City Engineer for approval. 5. Deed restriction of each condominiumized unit pursuant to Section 20-22 of the Municipal Code of Aspen. PROVIDED, HOWEVER, that the foregoing exception is further expressly conditioned upon (1) the owners' contemporaneous record- ing with the Pitkin County Clerk and Recorder of that certain "Declaration Covenants, Restrictions and Conditions for the "West Francis Street Condominium", dated June 3 , 1983, and (2) the Applicant's strict compliance, for itself and for its suc- cessors and assigns, with the provisions contained therein and all other binding conditions of approval 0 s matter set by the Planning & Zoning Commission an ~lthe City Council. DATED this ~ day of ~ ~t m]cMV-- Herman Edel, Mayor By: Susan E. Michael, Mayor Pro Tern ATTEST: ,., "." ':," " ,."". 'r,) , 1983. APPROVED AS TO FORM: Paul J. ~ r s- ~~ '> Attorney ,~, , ,,\. . 3. . I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization of West Francis Street Condominium was considered and approved by the Aspen City Council at its regu- 1, lar meeting held September 14 , 19811, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. " ., ',,) c. ~ . . " . ~ \ . ., ).\., , . '-'-' .." -It ~o :;:;..:.1 o~~ --J -i :-'~:, ;'0 ~- = x BOOK 446 PAGE333 C_il .!>o. o <:) ;on r,::),,:"J') t..> ~~; -u 0;.;; ;n;: :::0 P1 DECLARATION OF COVENANTS, RESTRICTIONS AND CON~IOWBF 0" FOR THE WEST FRANCIS STREET CONDOMINIUM w.J '" SCOTT EDMONDSON, PATRICIA EDMONDSON, MICHAEL LAWRENCE FLYNN, ANNE BENNETT FLYNN, THOMAS ALLAN SYKES, JR., and DOROTHY DELAPLANE SYKES, (hereinafter "Covenantors") for themselves ind ividually and collectively and their heirs, personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumi- zation of the following described property (known as the West Francis Street Condominium), hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantors represent that they are the record title owners of the following described property, together with the improvements (including three residences) located thereon: Lots E, F and G, Block 16, Original Aspen Townsite, City of Aspen, County of Pitkin, State of Colorado also known as 717-721-725 West Francis Street, Aspen, Colorado 81611. 2. The sale of any of the dwelling units located on the above-described property shall be in strict compliance with the provisions of Section 20-22(a), Aspen Municipal Code. 3. The dwelling units located on the above-described pro- perty shall and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all as described in Section 20-22(b), Aspen Municipal Code, as amended. 4. In the event that any municipal improvement or improve- ments of a 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 Francis Street Condo- minium, Covenantors will make no objection to any special assess- ment or special tax or proceeding therefor on the basis that the , " BOOK 446 PAGE3'34 property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon demand therefor by the City, any improvement dis- trict formed for construction of such improvements (including, without limitation, drainage, underground utilities, paving, planting, curbs, gutters, sidewalks, street lights, etc.) in the area of the West Francis Street Condominium 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. 5. 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 heirs, representatives, successors and assigns, for the period of fifty (50) years from the date these covenants are recorded. 6. 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 WJTNESS ")rUJJ ::> day WHEREOF, is declaration has been duly executed this of , 1983. 1/ (/ >4-L<<~~,,",/ Patricia Edmondson ~ C'\I\N\cfl--.Jo- Scot Edmondson ~~b~~ Michael Lawrence Flynn . c2""'d 4....'^-'~ 7f'h4J ~~~ ,~ ~~i-MA Dorothy Delap~ne SYkes httm/~~( Thomas Allan' Syk , Jr.' 2 BOOK 446 PAGE335 STATE OF COLORADO ) ) ss. ) County of pitkin The foregoing instrument was acknowledges before me this 3~ day of Q~ , 1983, by Scott Edmondson, Patricia Edmondon, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr., and Dorothy Delaplane Sykes. WITNESS MY HAND AND OFFICIAL SEAL. a~23..86 0L 431 [:l~:/c;;;t:,,'::": Address tbpi (!tJ. fi/ ~ (/ ,.....j My commission expires: _1 ,. .~ ',' , <..-' ; 3 / " f!lJlltrl"Ai1.a"V!RIIIU~/~~U/D~~BJII/~\..'~ ~ ' - ~ RECORPING REQUESTEP BY BOOK 446 PAGE336 ~ ~ ~ 2 ~ II WHEN RECORDED MAil TO I ~ NAME STREET ADDRESS CITY STATE L .J (SPACE ABOVE THIS LINE FOR RECORDER'S USE) POWER OF ATTORNEY SPECIAL KNOW ALL MEN BY THESE PRESENTS: That I, DO'ru-1t1~ ,S"tKeS , the undersigned (jointly and severally if more than one, hereinafter collectively "principal"), hereby make, constitute and appoint ThoWY.l<; A <',\k'S principal's true and lawfLJI attorney to act for principal and in principal's name, place and stead and for principal's use and benefit: (a) To ~ \ \ +Ve hOU5-e ?1..t 1 \7 W \" ro..l'>(Ol.5 A:::,p::..r, C olOrc.. do 8"'( ~'Z-.. E.1 f Gird 0 BIOG~ 10 C1TI1 Clne1 lO\VVlsrti Lo,.[C\iE'd on \0+5 01 N~f61, -- Principal hereby grants to said attorney in fact full power and authority to do and perform each and every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents and purposes, as principal might or could do if personally present, hereby ratifying and confirming all that our said attorney In fact shall lawfully do or cause to be done by authority hereof, Wherever the context so requires, the singular number includes the plural. WITNESS m, h"dth;, ~ J '"' d" of ~~ ^ ' 19 83 _ ---L ,()R&yRa~.~:-t/~ }s, COUNTY OF STATE OF CALIFORNIA Orange On this 27th day of and for said State, personally appeared May , in the year 19~, before me, the undersigned, a Notary Public in Dorothy Delaplaine Sykes ~ proved to me on the basis of satisfactory evidence) to be the person_ whose name to the within instrument, and acknowledged to me that E..he_ executed it. is subscribed WITNESS my han d official seal. ~ Notary Public in and for said State, OFFICIAL SEAL REBECCA SkELTON NOTARY puBLIC - CALIFORNIA ORANGE COUNlY My 00lIIlL IXIIk'I APi 2, 1985 POWER Of AITORNEY'SPfCIAL WOlCOTTSFORM 1406-Rev. 9-82 @1982WOLCOTIS,INC. Thl~ slandardlorm is InterKIed for the typical situalionsencountered In Ihelield indicated. However, beloreyou sign, read It, fill In all blanks, and makewhat&vflfcllanges3r8 appropflaleand necessary to your particular transaction. Consult a lawyer II you doubt the lorm's litneu fOf your purpose and use BOOK 446 PAGE337 ! :: 0 p ENCROACHMENT LICENSE AGREEMENT LOi~[;.T-\ B,\~ ,1'1 ER PIfK!H cr:. RECCRDER JUIl 3 4 03 PH '83 'J,~ THIS AGREEMENT made and entered into this ...d:.- day of ~ ' 1983, by and between the City of Aspen, pitkin County, Colorado, hereinafter referred to as "Aspen" and Scott Edomondson, patricia Edmondson, Michael Lawrence Flynn, Anne Bennett Flynn, Thomas Allan Sykes, Jr. and Dorothy Delaplane Sykes and or Assigns, hereinafter referred to as "Licensees". WHEREAS, Licensees are the owners of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots E, F and G, Block 16 City and Townsite of Aspen, Pitkin County, Colorado also known as 717-721-725 West Francis Street, Aspen, Colorado 81611 WHEREAS, said property abuts the following described public right-of-way: 700 Block of West Francis Street and the alley of Block 16, City and Townsite of Aspen WHEREAS, Licensees desire to encroach upon said right-of-way, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right-of-way for the following purpose: To maintain existing fences which encroach into the right-of-way for the street and the alley. WHEREAS, Aspen agrees to the grant of a private non-exclusive license of encroachment pursuant to Section 19-5, Aspen Municipal Code, as amended, subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensees covenant and agree as fol- lows: ,/' '..... BOOK 446 PAGE338 1. A private non-exclusive license is hereby granted to Licensees to occupy, maintain and utilize the above-described por- tion of public right-of-way for the sole purpose described. 2. This license is granted for a perpetual term subject to being terminated at any time and with or without cause and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 5. Licensees shall at all times durnig the term hereof, carry sufficient public liability insurance against personal injury and property damage naming Aspen as a co-insured and pro- tecting Aspen against any and all claims and demands (including reasonable fees and costs of defense) as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensees shall and hereby do agree to release, indem- nify and hold Aspen whole and harmless against any and all claims for damages, costs and expenses, including expert witness fees and reasonable attorneys fees, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and/or employee of Licensees. 7. This license may be terminated by Licensees at any time and for any reason on thirty (30) days' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by Resolution duly passed by the City Council of the City of Aspen. Upon termination, Licensees shall, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. 2 ,,'" , , BDOK 446 PAGE339 8. This license is sUbject to all state law, the provisions of the Charter of the City of Aspen as it now exists, or as may hereafter be adopted or amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting to anyone such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at ,,\ ," (," u: j, f' 'v~ By Mayor ro Susan E. Michael Aspen the day and year first ATTEST: C"" o xi /:0- '<; H'y , ~Je' ,-' '" J r,}... ~ "" LICENSEltS: s~~ fr~~.o~ Scott Edmondson yJ~p~o~ Patricia Edmondson t'\..,c.\V'\o Q L"fUiYI.cs: ~i"'-' Michael Lawrence Flynn Th:Ii11#!a~//f . STATE OF COLORADO ) ) ss. ) County of Pitkin The foregoing Encroachment L~ ense Agreement was before me this 3'uf} day of C ~ by ~.~ ' (;}~U.N 'Ec~ . :fLu.<< / I 'ao~~~f;F~ WITNESS my h seal. a.23.86 acknowledged , 198~ , , My commission expires: afl , /7 ary Public / :r3fGd4.j~2?-,.{l) J10 (I BOOK 446 PAGE340 , , ;..: 'i ' ~ , '~. ... .. CO'" f ~ . ~ 1 ,v..ElSAA W/yE~ VlAC;nc CJI ...." 1--- i , , . FRANCIS STREET f-------~;f~-- ---, r- ------..-- ---..--------- ----, . . I · I \1,._______________, · I I , ''''17'"0-,'1\-[ B9"'1t. r I ! , , ~" I \. I ...__ __ ,.'_ __:J ';l"'O~ l.eE f I ~ ~ 1 '. :~ ~ l , 1; ~ ~ :j I ~i : I ! \ It ~ : I \! ;1 I: :~ " . \" , " ~c:&AAW/'(El~I.~~~ I~ j I" _ ------------------------ ::x .____..JIL.___ _________-;;0;' Il;::'c.; N .5.0,'II"W 6<J"'1t- I , , . i t i 1 " -,.,.~-...-:- '.:,W99i> ~[CF, o o a G,t.!, lE :lr G '" '!; i!. " ~ I.,,, / ,///'fIOO,"".ED// III 7'/,,4';";='4,,;',/-,..-./ ~ 4" ,..__--~:;l(....~&'- I ' i I ALLEY. BVDCK Hi fOUlo{p/~EiJ""ll: 1l'EU.OW yl",Sl"IC.C....P FOUND'/RH_AA."CAf"/H:'-'~~~_ _ I I , I I , . , , . , , , . I , : 8 '" ,2 , . " ,~ ,- I~ ," ,;;; , , I , 1 '. 11 I: ,- ,. I~ , I , I , I I , I I , I ~ I b_~ rou,,"pl RIL"'....R,/Tt;::u..oW n.A,<;TlC ( _FOI:'~~~l'-""'~~/~ltJ, _ ." ---,----_.. --------,.~._- ". ----,_._--------- ---------~ EXHIBIT "A"