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HomeMy WebLinkAboutcoa.lu.su.Aspen Employee Housing --!:feeordedat 2:26 p.m. Sep Z~Z980 Loretta Banner lIeeorder J"""',,eption NO:226q39 BOOK 394 PAGE 565 STATEMENT OF EXEMPTION FROM THEIDEFINITIONlOF-SUBDIVISION WHEREAS. the City of Aspen is the owner of a parcel of land located in pitkin County, Colorado, more particularly descriged as; Lot 1, ASPEN EMPLOYEE HOUSING NO.1 SUBDIVISION WHEREAS, the applicant intends to construct a duplex on said property, and WHEREAS, the Aspen Planning and Zoning Commission, at i~s meeting held March 4, 1980, determined that an exemption fro~ the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council at its meeting on March 24, lQ80, determined that the subdivision of the duplex through condominium- ization is not within the intent and purpose of the subdivision ordinance set forth in Chapter 20 of the Aspen Municipal Cod~, THEREFORE, the City Council of Aspen, Colorado, does he~eby determine that the proposed subdivision of the duplex located on said property by its condominiumization is not within the intents and purposes of the subdivision ordinance and does, for such reason, grant an exemption from the definition of such actior\, PROVIDED, HOWEVER, that the foregoing exemption is cond~- tioned upon compliance with provisions of 20-22 of the Munic~pal Code restricting the property to six (6) month leases with nd more than two (2) shorter tenancies per calendar year. Date: ~ ~,/98"'0 #-~ Herman Edel Mayor I, Kathryn S. Koch, do hereby certify that the foregoing' Statement of Exemption from the Definition of Subdivision was1 considered and approved by the Aspen City Council at its regular meeting held , 1980, at wh!ich time the Mayor, HermanEdel, was authorized to execute the saine on behalf of the City of Aspen. - ",,---.< ^ ^ BOOK 394 P~GE 566 ,,; ,;-:;~ I Y,,~'~:JL: Kathryn 's. City Clerk STATE OF COLORADO ) ) ) ss -;.~ ...;...,;.. r.> ...~ ....... v'7 .,..... ~ ", '. .. ;;!'" .,~.. ~ ,,' ". ~ .;J~" \)1' > "",,"'l\\ ,', County of Pitin '"". was acknowledged before me this ~""",'iL \ ' .' I day ;,of , 1980, by Herman Edel and Kathryn S. Koch, personally known to me to be the Mayor and CiFY I Clerk, respectively, of the City of Aspen. '.:\ 'l:': C (" ission expires: AND OFFICIAL SEAL. \J jP/p Irs . WITNESS MY HAND ".", " .' ,I, n-r "'l 'p,; I~ I) . '" '"".,,'- "/)- , , --~ ""'--...:-,;,... :, /-' (;" [' \ C. -'r/~ .. '.J.. <:J ,~' .. .." N \~) 0/,.- CC\.("~\., _~/lh~~. ~ Notar~~Olic i -. 'Iieeorde.(kat 2:27 p.m. Sep Z~Z980 Loretta Banner Reeorder Eeeeption No: , ^ 2266~ COVENANTS BOOK 394 PAGE 567 The City of Aspen Colorado ("Covenantor") for itself, iits , successors, administrators I and assigns hereby declares the foll- lowing covenants, 1. The City of Aspen is the owner of the following- described property together with the improvements thereon, situate in the County of Pitkin. State of Colorado Lot 1, ASPEN EMPLOYEE HOUSING NO. 1 SUBDIVISION 2. The above-described property shall be restricted to 9ix , I (6) months minimum leases with no more than two (2) shorter te~an- cies in any calendar year. 3. In the event any improvement or improvements requireq by Section 20-16 of the Code of the City of Aspen become, in the sole judgment or discretion of the City Council of the City of Aspe9' necessary or desirable, no objection will be made to any speci~l , , assessment or special tax or proceedings, therefor, on the basi~ that the property is adequately served by existing improvements!, nor on the basis that the premises will not be served or bene- 1 fitted by the improvement or improvements proposed. Further, ip such event, covenantor agrees to comply with Section 19-101 of the Municipal Code of the City of Aspen. 4. The above-described property shall be restricted to middle income housing rental and sale price terms within housin~ price guidelines established by the City Council and to occupancy I limitations within housing income-eligibility guidelines estab- l lished by the City Council. 5. The covenants contained in Sections 2 and 3 are to run I with the land and shall be binding on all parties and all perso~s claiming under them for a period of twenty (20) years from the ,/ ~ ^ y BOOK 394 fAiE 568 date these covenants are recorded, after which time, said cov;e- nants shall be automatically extended for successive periods of I ! ten (10) years unless an instrument signed by the City of Asp~n and the then record owners of the property has been recorded,! agreeing to change said covenants in whole or in part or agreeing to release said covenants. 6. The covenant contained in Section 4 is to run with the land and shall be binding on all parties and all persons clai~ing under them for a period of fifty (50) years from the date the~e covenants are recorded, after which time, said covenants shal~ be automatically terminated and of no force and effect whatsoeve~ unless an instrument signed by the City of Aspen and the then record owners of the property has been recorded, agreeing to extend said covenants in whole or in part for an additional peiriod of years, IN WITNESS WHEREOF, ~ day of , this Declaration has been duly executed -t~j,~-J. IF , 1980. this >,.",,:' '~::: . ",'j In .{ C t.i;ATTEST~~~'>- .' .,,,,,~~:'/'::"", -.,1'" '\ THE CITY OF ASPEN, COLORADO By #-#( Herman Edel, Mayor c{nftti,~,\", , ",11'.',....,.,...,:.'.,:::<.'. STATEOF'c5LORADO ) ) ss. County of pitkin ) The f 1egoing instrument was acknowledged before me this ~ day of ) iii., i , 1980, by Herman Edel as Mayor and Kfthryn S. Koch as City Clerk of the City of Aspen, .-.::- Colorado. , \ ' '. " ~ ! ~- ! '. ! ~ ..: / ,~ t:'./I/. ~'~!5N~SS M~ HAND AND OFFICIAL SEAL. '.,\c"" ;JI1p :'~~rni;3~ion expires: l!3/~;;J,!'3 e'):;~-~~: ~,f2 ~ '. , ~ /$' \.J ' ~ L,..-. ;:.< y'lh 0 /1 'A tAi}:/! ~bliC (111 !i l~~~. ".' ~corded at 10:01AM August 2~1980 Loretta Banner Recorder ,~eption NO. 2210251. OUUI\ 393 FACE 661 , , COVENANTS , The City of Aspen, Colorado, ("Covenantor"), for itself,: its successors, administrators, and assigns hereby declares the fol- lowing covenants: 1. The City of Aspen is the owner of the following- described property together with the improvements thereon, situate in the County of Pitkin, State of Colorado: Lot 2, ASPEN EMPLOYEE HOUSING NO.'. 1 SUBDIVISION 2. The above-described property shall be restricted to six (6) months minimum leases with no more than two (2) shorter te~an- cies in any calendar year. 3. In the event any improvement or improvements require~ by i Section 20-16 of the Code of the City of Aspen become, in the sole judgment or discretion of the City Council of the City of Aspeq, necessary or desirable, no objection will be made to any speci~l assessment or special tax or proceedings, therefor, on the basil,s ; that the property is adequately served by existing improvement~, nor on the basis that the premises will not be served or bene- fitted by the improvement or improvements proposed. Further, ir such event, covenantor agrees to comply with Section 19-101 of the Municipal Code of the City of Aspen. 4. The above-described property shall be restricted to middle income housing rental and sale price terms within housing " price guidelines established by the City Council and to occupanqy limitations within housing income-eligibility guidelines estab- lished by the City Council. 5. The covenants contained in Sections 2 and 3 are to run with the land and shall be binding on all parties and all perso~s claiming under them for a period of twenty (20) years from the ...." ~ """. ~. Ov~Jl\ 393 PAl\E 662 date these covenants are recorded, after which time, said cove- nants shall be automatically extended for successive periods df ten (10) years unless an instrument signed by the City of Asp~n and the then record owners of the property has been recorded, agreeing to change said covenants in whole or in part or agree[ng to release said covenants. 6. The covenant contained in Section 4 is to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifty (50) years from the date these covenants are recorded, after which time, said covenants shall ibe automatically terminated and of no force and effect whatsoever! unless an instrument signed by the City of Aspen and the then record owners of the property has been recorded, agreeing to extend said covenants in whole or in part for an additional pe~iod '. of years. this IN WITNESS .!jrd this Declaration has been duly execute{l ~ . 1980. THE CITY OF ASPEN, COLORADO WHEREOF day of " ,""," ~" .' 4 i;t- L-1$/5,""" .' ''"''>..', , , .<>"f \~ .YHt!,~{ . A"J:''lm~:r . :~' 1.1; .....~ )J.' STATE OF COLORADO ) ) County of Pitkin ) The foregoing instrument was acknowledged before me this ~ ss. day of ~ M~YQr and Kathryn S. , 1980, by Herman Edel as ! Koch as City Clerk of the City of Aspen, ...J" ,..." '. ,"::;'" "';'" .,.-.',' , ""wr.rNJ,;SS MY HAND AND OFFICIAL SEAL. ~i: --\-""" '. \ ,;, .-I..\~j, ':- ......'1/ ^ "-'~'-:i'- /'~!,,, \, I~, "'" :; 1._1. '-' -J1:R6/B . '1A~I41(({I~ / Nota y ubl:LC e;gInmission expires: v "" f' "~ ,,1' -!' ~,^ Recorded at 10:00AM August ~~, 1980 Loretta Banner Recorder Reception: NO. 226250 0vU.~ 393 lASt 659 , STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS. the City of Aspen is the owner of a parcel of lantl located in pitkin County, Colorado, more particularly described: as: Lot 2, ASPEN EMPLOYEE HOUSING NO.1 SUBDIVISION WHEREAS, the applicant intends to construct a duplex on sa~d property, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held March 4, 1980, determined that an exemption from the ! definition of subdivision is appropriate and recommended that t~e same be granted, and WHEREAS, the City Council at its meeting on March 24, , , , ! 19801, determined that the subdivision of the duplex through condomini~m- ization is not within the intent and purpose of the subdivision! ordinance set forth in Chapter 20 of the Aspen Municipal Code, 1 , THEREFORE, the City Council of Aspen, Colorado, does hereb~ , j determine that the proposed subdivision of the duplex located o!n said property by its condominiumization is not within the intents and purposes of the subdivision ordinance and does, for such reason, 'grant an exemption from the definition of such action, PROVIDED, HOWEVER, that the foregoing exemption is condi- .;0 tioned upon compliance with provisions of 20-22 of the Municip~l Code restricting the property to six (6) month leases with no ~ore than two (2) shorter tenancies per calendar year. Date: ~~ 19s:-tJ ,~- Herman Edel Mayor I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exemption from the Definition of Subdivision was , considered and ,aPR~oved by the Aspen City Council at its regulcir meeting held (7IL~t!..A..J c::?1f , 1980, at whiqh time the Mayor, Herman Edel, was authorized to execute the sam~ on behalf of the City of Aspen. 1 , 1 1 -'" ^ ,~ ~UU1l393 L" 6~O Ih.JE U , "- ~. ~} ~ c ; ~"- " ''''~ "~"'"\/?:'1.,,'-"(-,v . '. ~./;/ '-;. r({(~ ,4~ City Clerk (SEAL: . *~1 f~~ .: . ';~~~TE.,Q~' QOLORADO ... '-- 0 r ,..," ,.,- .':' County of Pitin ) ) ) sso 'The foregoing was acknowledged before me this srd day pf ~ , 1980, by Herman Edel and Kathryn S. Koch, personally known to me to be the Mayor and Ci~y Clerk, respectively, of the City of Aspen. WITNESS MY HAND AND OFFICIAL SEAL. "",,!:lY, commission expires: ..,;fIeJ6$ \'\~ C ~llif1~ d~ / 'i !~'!I.! 7 -?-,~,;-:,;,- v '"" 'or: . Ii /. ,-, I \ '-J ,1". V':; \.....l - C. ""(>"', .'-, (,0 '", " \,. C ,..." c;::.\ f",