The URL can be used to link to this page

Home My WebLink Aboutresolution.council.065-18 RESOLUTION NO. 65 SERIES OF 2018 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO A SUBDIVISION EXCEPTION AGREEMENT FOR THE WEST UNIT OF THE PHILLIPS/GORDON LOT SPLIT, COMMONLY KNOWN AS 910 E. COOPER AVENUE LEGALLY DESCRIBED AS: WEST UNIT, THE PYRENEES TOWNHOMES, A CONDOMINIUM; ACCORDING TO THE CONDOMINIUM MAP RECORDED FEBRUARY 9, 1998 IN PLAT BOOK 44 AT PAGE 45 AND AMENDED CONDOMINIUM PLAT RECORDED DECEMBER 11, 1998 IN PLAT BOOK 48 AT PAGE 8, AND FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE PYRENEES TOWNHOMES, A CONDOMINIUM, RECORDED JANUARY 26, 1998 AS RECEPTION NO. 412850 AND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED FEBRUARY 18, 1998 AS RECEPTION NO. 413708 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. WHEREAS, the Unit at 910 E. Cooper is subject to a Subdivision Exemption Agreement for the Phillips/Gordon Lot Split recorded in the public records of Pitkin County, Colorado on April 20, 1995 at Reception No. 380695 (the "SEA") and Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.090 of the City of Aspen Municipal Code recorded in the public records of PitkinaCounty, Colorado on May 3, 1996 at Reception No. 392317 (the "Deed Restriction'); WHEREAS, upon development of the Unit, affordable housing mitigation was provided pursuant to paragraph 10(ii) of the SEA by constructing an accessory dwelling unit ("ADU') within the Unit; and WHEREAS, the parties wish to amend the SEA to allow the current owner of 910 E. Cooper, Roy Martayan Revocable Trust to remove the ADU and to provide affordable housing mitigation pursuant to paragraph 10(iv) of the SEA by payment of an affordable housing impact fee. WHEREAS, the Aspen City Council has considered the request to amend the subdivision exemption agreement and at a regular scheduled meeting on April 9, 2018, by a three to two (3-2) vote approves the proposed amendment. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the entry into an Amendment to the Subdivision Exemption Agreement for the Phillips/Gordon Lot Split and Release of Deed Restriction by and between the City of Aspen, State of Colorado and the Roy Martayan Revocable Trust, a copy of which is attached hereto and incorporated herein and does hereby authorize the City Manager of the City of Aspen to execute such agreement on behalf of the City of Aspen. IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECEPTION#: 646688, R: $33.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 5,04/18/2018 at 03:17:33 PM Janice K.Vos Caudill, Pitkin County, CO CITY OF A EN, COLORAD By Mayor Steven Skadron ATTEST: I Linda Manning, City Clerk APPROVED AS TO FO A �z-7z::7\ ` ,,James R. True City Attorney Exhibit A—Amendment to Subdivision Exemption Agreement AMEN D,NIL.N"r TO '1-HF SUBDIVISION EXEMPTION AGRFEIN7FAT EOR TME 111ILLIPSir.ORDO,N Lo•rSPLrr AND RFLEASF OF DI:Fu RrSTRICr1ON This AN11:NUA1f_NT TO THE SUBDIVISION EXEIIMPTIOMACRI_la,\Ir:,N roll 151r_ PHILLIPS/GORDON LOT SPLIT AND RELEASE OF DEED RFS'I'RICf10\ (the "Amendment") is entered this 9 driy of , ', 2015.6}•and between the City of Aspcn (the, "C:itv')and the Roy Nlarayari Roocablc T ust (..,41ara)an"j. WHEREAS. Nlanayan owns a duplex unit located at 910 E. Cooper in the City of Aspen desc'ribe'd as: \VL'•ST UNIT, THE PYRENEES TOW\1-10,\•IES, A CONDO\16VIUNI, according to tete Condominium\Map recorded February 9. 1998 in Plat Book. 44 at Page 95 and Amended Condominium Plat recorded December 11. 1998 in Plat, Book 48.ai Page 8,and Tunher defined and described in the Condominium Declaration 1-or the Pyrenees Townhomes, a Condominium. recorded January 26. 1998 as Reception No. 412850 and Amendment-to Condominium Declartiun.recorded February 18. 1998 as Reception No. 413705. \ 11IEREAS,the Unit is located on Lot 1. Phillips Gordon 1.01 Split Subdivision,according to the Plat thereof. recorded April 20, 1995 in Plat Book 37 at Page.] '-IS Reception No. 380697. (die'1Propertv',): WIIFREAS. the Unit is subject to a Subdivision Exemption Agreement for the Phillips/Gordon Luc Split recorded in clic public recor&uf Pitkin County, Colorado on April 20, 1995 at Reception No. 380695 (the 'SEA") and Accessory Dwelling Unit Deed Restriction Pursuant to Section 26.40.690 ofihe City of Aspen.Municipal Code recorded in the public records' of Pitkin County. Colorado.bn .\May 3. 1996 to Reception No. 392317(the "Deed Restriction"):, WHEREAS. upon development of the Unit. all'brxiable housing nriiigution.tvns provided pursuant to paragraph 10(ii) of the SEA by constructing an accessory dwelling unit ("ADU") within the Unit: and WHEREAS. the parties wish to amend the SEA to allow \Marayan to remove dtc ADU -aid to provide afl'ordable.housing mitigation pursuant to paragraph I0(iv)of the SEA by payment ofan.ulTordrible housing impact fee. \O\V. THI;REFORE. in consideration of the mutual promises and covenants contained herein. and other good and valuable consideration, the•reccipt and,sufiiciency of which is hereby acknowledged, the City and Nlartayan agree as follows: WHEREFORE. the parties hereto have entered IhisAmcndmeni as of the,date first),vrinen above: L Reciuds. The foregoing recitals are incorporated herein by this reference.. 2. Amendment. Paragraph 10 of the'SEA is hereby amended such that affordable housing mitigation for the Unit shall be provided pursuant to Paragraph 1 o(iv)of the SEA.and that p:ynient of the applicdblc affordable housing impact fee shall be calcidated at 0.38 full= . time cyuivalents (1-7171is) ata Ctnegon 2 rate undercurrent Aspen7Phkin County Housing Authority.Guidelines. J. Removal of ADU and Release of Deed Restriction: Upon payment of the affordable housung mitigation fee pursuant to paragraph 2, the ADU constructed in the Unit as. affordable housing mitigation pursuant to Paragraph IO(ii) of the SEA nuty be removed and the Deed Restriction shall be hereby released from the Unit by virtue of this Amendment. 4. Recitals. The Ibregoing recitals are incorporated berein'hy this reference. 5. Amendment. Paragraph 10 of the SEA is hereby amended such that affordable hotising mitigation for the Unit shall be provided pursuant to Paragraph 100v)of the SEA.nndahat payment of the appli6ble alTordable.housine-impact tee shall be calculated at Oi3R'full- time equivalents 0_1-13s) ata Category 2 rite tinder current Aspen/Pitkin County Housing Authority Guidelines. 6. Removal of ADU ':and Release of Decd Restriction. Upon payment of the affordable housing mitigation Sfee pursuant-to paragraph 2. the ADU constructed in the Unit as affordable housing mitigation pursuant to Paragraph 10(ii)'of the SEA may be removed .and the Deed Restriction shall be hereby released from the Unit by virtue of this Amendment. SIGNATURE P:\GI:.TU IiOLLOW 'flit: CITY OP ASPEN Xf-ITsST` APPROVED AS TO CONUE\-i': *Linda ning. City Cl k Step eh n Garrick, City A•lanager APPROVED AS TO FORM: Imo•-�----- `F- \ �� lames R. Truc,City Attomev ROY ,MAR, REV .1?I' ST Roy.Marlayan.Trustee CJ STATE Of- G06O11*1-40 ) )ss. COUNTY UI' ) Acknowledged. subscribed.and Slcom 10 before me this 1 4 day of 1 '2018 by Roy Manayan as Trustee of the Roy Nlartayan Revocable Trust WITNESS my hand and official seal. Notan• Public E , MK}tAEIJOHNMILRANANcury Ocbea!M7 Comm.EApuH Apr 4,2022 Sanded throusb Nalimal Notary ASM.