HomeMy WebLinkAboutcoa.lu.ec.Eisenhart
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~TA~EMENT OF EXCEPTION FROM
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ijcorded at 2:41PM August 13, 1981 Loretta Banner Reaorder
THE DEFINITION OF SUBDIVISION
WHEREAS, ~nar and Marguerite Eisenhart are the owners of a
parcel of land located in Pitkin County, Colorado, more particu-
larly described as;
Lots M, Nand 0
Block 21
City and Townsite of Aspen
County of Pitkin
State of Colorado
with the street address of 624 and 626 West Francis, Aspen, Colo-
rado; and
WHEREAS, there exists on said property a duplex structure
which the owners wish to divide into separate interests without
parceling the land on which said structure is situated; and
WHEREAS, there has been made an application for exception
from the definition of subdivision for the purposes of condomin-
iumization of an existing duplex structure (Code Section 20-22)
pursuant to Section 20-19 of Chapter 20 of the Aspen Municipal
Code; and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held February 24, 1981, has determined that such exception
is appropriate; and
WHEREAS, the City Council has found the proposed condom in-
iumization of the existing duplex structure to be appropriate for
exception from the strict application of the provisions of subdi-
vision regulation, and on March 23, 1981, approved the owners'
application for exception from the definition of subdivision sub-
ject to the following conditions:
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&J.]r,412 P,',GE 401
1. The filed condominium plat shall indicate a 10' x 7'
electric/communication easement on the NE corner of
Lot O.
2. 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 dis-
trict is ever formed in the neighborhood and, further,
that in the event of creation of such an improvement
district, the parking spaces now utilized on the public
right-Of-way on Francis Street will be, if necessary,
relocated in the alley behind the real property.
3. The owners shall comply with and the property shall be
governed by the requirements of Section 20-22 of Chapter
20 of the Municipal Code of the City of Aspen, as in
effect on the date of approval.
4. In accordance with Section 20-22 of Chapter 20 of the
Municipal Code of the City of Aspen each condominiumized
unit of the duplex shall be deed restricted to six (6)
month minimum leases with no more than two (2) shorter
tenancies per year.
THEREFORE, the City Council of the City of Aspen does hereby
determine that strict application of the provisions of subdivision
regulation would result in undue hardship to the owners who pro-
pose condominiumization of the existing duplex structure situated
on the above described land and does, for such reason, grant an
exception from the definition of subdivision for such application
subject to the conditions set
Dated: ~
forth above.
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Herman Edel, Mayo
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CER'rIFICATION
I, KATHRYN S. KOCH, do hereby certify that the foregoing
Statement of Exception from the Definition of Subdivision was con-
sidered and approved by the Aspen City Council at its regular
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'!Iae,t't,rlg jield March 23, 1981, at whiCh time the Mayor, HERMAN EDEL,
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w~s_~thor~zed to execute the same on behalf of the City of Aspen.
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, STATE OF COLORADO
Co;unty of Pitkin
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The foregoing was subscribed and sworn to before me this I~~
,;," "day of a~ ' 1981, by Herman Edel,
,\\,. (Moll)(Or, of the City of Aspen.
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WITNESS MY HAND AND OFFI~I~_SEAL.
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STATE OF COLORADO
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County of Pitkin
The foregoing was subscribed and sworn to before me this ~
day of
, 1981, by Kathryn S. Koch.
MY HAND AND OFF~CI:t SEAL.
commiss ion expires: '/ r~ d~.
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Recorded at 2:42PM Aus.;t 13, 1981 Loretta
Reception NO
Banner Recc ~r 234812
COVENANT
"'.,' 412.:,4,03
OMAR AND MARGUERITE C. EISENHART ("Covenantors") for
themselves, their successors and assigns, hereby covenant with
THE CITY OF ASPEN, County of Pitkin, State of Colorado:
1. Covenantors are the owners of the following described
real property situated in pitkin County, Colorado:
Lots M, Nand 0
Block 21
City and Townsite of Aspen
County of Pitkin
State of Colorado
with the street addresses of 624 and 626 West Francis Street,
Aspen, Colorado, together with improvements located thereon,
specifically a duplex structure. All of Covenantors' real prop-
erty is to be encumbered by these Covenants.
2. Covenantors hereby agree that the real property and
improvements shall henceforth be encumbered by an obligation to
join an improvement district for cOnstruction of sidewalk, curb
and gutter in the event one is ever formed in the neighborhood
and further agree that in the event of creation of such an im-
provement district parking spaces now utilized On the public right
of way On Francis Street will be, if necessary, relocated in the
alley behind the real property.
3. Pursuant to Section 20-22 of Chapter 20 of the Aspen
City Code, Covenantors agree that in the event of any sale of
either of the condominiumized units of the duplex, they will
provide written notice of such sale to the tenants and will give
the tenants an option to purchase in accordance with the terms of
SectiOn 20-22.
4. Also in accordance with the provisions of Section
20-22 of Chapter 20 of the Aspen City Code, each condominiumized
unit of the duplex shall be deed restricted to six (6) month
minimum leases with nO more than two (2) shorter tenancies per
year.
5. The covenants contained herein are to run with the
land and shall be binding upon the parties hereto and all persons
claiming under them for ninety-nine (99) years from the date
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hereof unless extended or sooner terminated by an instrument
signed by The City of Aspen and the then record owners of the
condominiumized property.
IN WITNESS WHEREOF, these Covenants have been duly
executed this~ day of
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OMAR EISENHA
, 1981.
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MA UERITE C. EISENHART
STATE OF FLORIDA
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COUNTY OF !#tJtJ"ROt
The foregoing Covenants w~rT subscribed and sworn
before me this ;2,l day of ()AJJ!A- ' 1981, by OMAR
EISENHART and MARGUERITE C. EIlENHART. ", ~ \':
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WITNESS my hand and official seal.
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My commission expires:
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"NOT.~RV al'~~ 'r; "~':T;: ~f ~l::;;n.~ AT U\RGE
MY COMMI32l::-;~ E~FmES JUNE 29. 19, <Z,
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