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HomeMy WebLinkAboutordinance.council.009-90· ORDINANCE NO. ~ (Series of 1990) AN ORDINANCE RELEASING ASPEN/PITKIN COUNTY HOUSING AUTHORITY DEED RESTRICTIONS AS THEY RELATE TO UNIT 92, CORKSCREW CONDOMINIUMS, 118 EAST HYMAN AVENUE, ASPEN, COLORADO, AND SUBSTITUTING AFORE- MENTIONED RESTRICTIONS ON ASPEN WEST CONDOMINIUMS, UNIT #5, 104 WEST COOPER AVENUE, ASPEN, COLORADO, AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF ASPEN WHEREAS, the owner of Corkscrew Condominium Unit #2, 118 East Hyman Avenue (hereinafter "Applicant"), caused to be recorded that c~rtain Declaration of Covenants, Restrictions and Conditions for Corkscrew Duplex Condominiums, as recorded in Book 424 at Page 973, which, among other things, imposed Aspen/Pltkin County Housing Authority deed restrictions to Unit #2; and WHEREAS, Applicant desires City to relieve Declaration of Covenants in Book 424 at Page 973 of the real property records of the Pitkin County Clerk and Recorder as they apply to Unit #2 in exchange for the substitution of the same or similar provisions to a comparable unit; and WHEREAS, Applicant has purchased Unit #5, Aspen West Con- dominiums, 104 West Cooper, Aspen~ Colorado, and desires to deed restrict Unit #5 to comply with the Aspen/Pitkin County Housing Authority Guidelines, as amended from time to time. WHEREAS, the Aspen City Council, after taking public comment at their meeting of December 11, 1989, approved the substitution of restrictions of deed restrictions as outlined above, subject to the conditions set forth hereinbelow; and WHEREAS, the city Council determined that the aforementioned amendment is in the interest of the health, safety and welfare of the people of the city of Aspen, Colorado, insofar as it helps perpetuate the affordable housing stock available to local residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The owner of Aspen West Condominium, Unit #5, 104 West cooper Avenue, Aspen, colorado, shall execute and record an approved rental/sale deed restriction as required by the Aspen/ Pitkin County Housing Authority deed restricting Unit #5 to low income rental/sale guidelines as to occupancy, income and price standards as contained in the Aspen/Pitkin County Housing Author- lty guidelines as amended from time to time. Section 2 Owner shall pay to the city of Aspen, for the benefit of the Aspen/Pitkin County Housing Authority, a cash in lieu payment in the amount of $88,540.00. Such amount is calculated by taking the appraised price of Unit #2, Corkscrew Condominiums, 118 East Hyman Avenue, $150,000.00, less the deed restricted sales price of $61,460.00 (878 square feet times $70.00 per square foot). Upon the recordation of the restrictions listed in Paragraphs 1 and 2 above, City shall caused to be released the Declaration of Covenants, Restrictions and Conditions for Corkscrew Condominium Duplex, as recorded in Book 424 at Page 973 of the real property records of the Pitkin County Clerk and Recorder's office for Pitkin County, as such restrictions apply to the Aspen/Pitkin County Housing Authority deed restrictions applied to Unit #2 of the Corkscrew Condominium complex. Section 3 Right of first refusal to purchase unit #5, Aspen West Condominiums, shall be granted jointly to current tenants. Section 4 Aspen West Condominiums, Unit #5, shall be brought up to living standards a per Aspen/Pitkin County Housing Authority requests citing specific improvements for the unit. Section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 Nothing in this ordinance shall be construed to affect any right, duty or liabIlity under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7 A public hearing on the ordinance shall be held on the day of ~~-~ , 1990, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ 5/~ day of ,~.~L~ , 1990. A~ . ..~:f % o~ '~Y~t,' Koch, City Clerk ."'" '"'"'~% William L. stifling, Mayor ~ryn ~' K6ch, C~ty Clerk