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Home My WebLink Aboutcoa.lu.su.Castle Creek co ";' . 'eO en (V) en N - - - C Q.I CD C V)le -0 >.... ~,. .~;~ >.2 ...,;l,C) iiiz ~ i2 - ... - ;:Cha~ Souki ("Souki"), for himself, his heirs, executors, administrators, successors, and assigns, as an inducement to and in consideration of the city of Aspen ("city") granting him a building permit for the construction of certain improvements located upon the following described real property: Lot 3, C'lI.STLE CREEK SUBDIVISION\ as shown on the Plat thereof recorded March 5, 195o;;;Plat Book 2A at Page 177 and Correction Plat recorded November 18,'1957 in Plat Book 2A at Page 241, County of Pitkin, state of Colorado BOOlf"548 PAGE600 Y/.s ~ - .... .. .... <<'<4 DECLARATION OF ACKNOWLEDGEMENT hereby covenants and agrees as follows: 1. Ownership of Property. Souki is the owner of the above described real property together with the improvements described thereon. 2. Acknowledqement. Souki acknowledges and agrees that any improvements constructed upon the property shall be utilized and occupied solely as a single family dwelling as the same is defined and described in the Municipal Code of the City of Aspen, until such time as Souki, his successors or assigns shall receive such approvals as may be required by the Municipal Code of the City of Aspen for any other use, including, but not limited to, the use of the improvements as a two family dwelling. Nothing contained herein shall preclude or in any way limit Souki's, his successors' and assigns' right to apply for such permits as are necessary to allow a use other than as a single family dwelling. Furthermore, nothing contained herein shall be deemed to be any type of evidence or admission that the use of the property for a single family dwelling is the only appropriate use of the property in question. 3. Runninq of Benefits and Burdens. The covenants, conditions and restrictions contained herei.n shall run with the land and shall be binding upon the city and all parties having any right, title or interest in the property owned by Souki described herein, their heirs, successors and assigns. 4. Release of Covenant. None of the covenants, conditions and restrictions herein shall be released or waived in any respect without the obtaining by Souki or his assigns of such approvals as are necessary to permit the use of the property for a purpose other than for a single family dwelling. Thereupon, the City acknowledges that such documents will be executed as are reason- ably necessary in order to evid~nce the release of the covenants contained herein. 5. Notices. All notices, demands and communications hereunder shall be served or given to the respective parties at their respective addresses set forth below or as otherwise designated in the manner set forth herein. Any notice, demand or communicat- ion shall be given by personal service or certified mail, postage 1 - BOOK 548 PAGE6Dl ~ prepaid thereon and unless sooner received, and shall be deemed received five (5) days after the date of certification. The addresses of the respective parties are as follows: Charif Souki c/o Joe Norban, Inc. 601 West 26th street, 12th Floor New York, New York 10001 with Copy to: Brooke A. Peterson, Esquire Brooke A. Peterson, P.C. 315 East Hyman Avenue Aspen, Colorado 81611 City of Aspen 130 South Galena street Aspen, Colorado 81611 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on this C. day of Oc"ci'\l,"UL , 1987. CITY OF COUNTY OF PITKIN ","'\~..::::::-. _,_.Tne foregoing was acknowledged and sworn to before me t~.~"'-." day of (){j{)1:if , 1987, by BROOKE A. PETERSON, AS ATTORNEY ~. , i \';.) j~fQRCHARU: SOUKI. '"t.~.....;;:.. 'k::./ 1,~\..PCI~!_lr1~ ,GpmmJssion expires: <6[..) qo "; 'Y';' .'. "W:j..tne$smy hand and ..-$' :~-'1:rHicial seal. 'h rol.-, rd_!"" this U2_ IN FACT WQJ\~ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) " , .' .The{~.,Fr2e,~'o ojing: was acknowledged a~g sworn to J;>efo~~ m, e this !if!".; ; ,~",. d.a.y..of. ..~.-:LUt,:)' 1987, by~c;+JJx.&uy;, as{!;Wj~~t:rvof :':::. \. c:he Cl']iY OF ASPEN. ,f (/ (; tf ~. ...~. . ,~~ , , ~\~:;,oZ'MY.~onulilssi6h' expires: 4)2; h/ '0 't"'~, ifi1H<l'es~my hand and "':" "",-c':of,f,i~ai seal. "\I).,"~ 0<'''"": . "~'~jf:'::"(~:."~ c/JPJlUJ/!iiL (2 .~ Nota(/; Public 2 .... ;i ::::: -. ""v.> :r: ~ :;:,; .<31;:, ~,~: lI!< ~ o~ - I DECLARATION OF COVENANTS, RESTRICTIO~AND* CONDITIONS FOR LOT 7, ~ASTLE CREEK SUBDIVISION ~ 1; IV <..0 BOOK 546 PAGE232 N <.0 0') 0') Perry Partnership No.1, for itself, successors and assigns (hereinafter "Covenantor"), in consideration for the granting of a certificate of occupancy for the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property and does hereby restrict said property as follows: 1. Covenantor represents that it is the record owner of the following described property, together with the improvements located thereon: Lot 7, Castle Creek Subdivision, as shown on the plat thereof recorded March 5, 1955, in Plat Book 2A at Page 177 and corrrection plat recorded November 18, 1957, in Plat Book 2A at Page 241, County of Pitkin, State of Colorado, also known as 750 Castle Creek Drive, Aspen, Colorado. There is presently constructed upon the above-described property a two-family residential dwelling consisting of: (a) a three bedroom, two bath and two half-bath residence, with a caretaker's quarters (Unit A), and (b) a three bedroom, three bath residence (Unit B). 2. Covenantor agrees that the caretaker's residence in Unit A will not contain a kitchen, and that it shall be occupied only as an accessory to and in conjunction with the principal residence. occupancy of the caretaker's unit shall be restricted only to employees of the owner of Unit A. The caretaker's unit shall not be utilized as a rental unit and shall not be sold separately as a condominiumized unit. 3. The dwelling units located on the above-described property shall and hereby are restricted to six (6) month minimum leases, with no more than two (2) shorter tenancies per calendar year. 4. 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. 5. 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 as reflected by resolution of the City Council of the city of Aspen. ~ ~~ ~~ IN WITNESS WHEREOF;# this this / day of J~ f STATE OF COLORADO ) ) ss. ) County of Pitkin The foregoing instrument \~ day of ~"t.....~~< Kuster. . BOOK 546 PAGE233 declaration has been duly executed , 1987. PERRY PARTNERSHIP NO. 1 By )J~P ~ Werner F. Kuster, General Partner was acknowledged before me this. , 1987, by W~n,e.r'F':', ~<"" .,OO\Q"..;f "-." Iff~~',>-I,")......., Q~ '., .~(/{ 9,.< "l'~ -":, ~\ :' 3 . /. ~.. . ,fJl}iy '~.~ \ ,; . .~>- : '" ~: \ \"'b\ \"\ "'''' . :..:;.'. ""<.$'~1.{) ti ;" J ~~-~~'-',-- ::"...., :;.::: ~ (<"'f~..(~ii,~t,;f' NO~~i;",~ ,4.,.,,~.~.,.,'" . WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: D'\"',\ '7_~~ _ "Q.",,,.\. ~6d- Address ~'" =-G \.\."\ c...c::, ~\.I".,~\ 2 .._='0 ~ \ JK Document 1f102142 Book #180 Page 401 JAMES PERRY P. O. BOX 1167 ASPEN, COLORADO 61611 May 25, 1972 Mr. Thomas A. Moore Moore Realty Box 707 Aspen, Colorado 81611 Dear Mr. Moore: In answer to your request of May 22, 1972 for a variance to the Covenants of the Castle Creek Subdivision to enable the Barbee's to move a two story building on to Lot 6 of tha above mentioned Subdivision, we the undersigned land- owners hereby deny your request. We are in complete agreement with the Architectural Control Committee decision as voiced to you in their letter of May 10, ~9Z~. At this time we also take exception to your paragraph three, where you state that there are two structures that do not conform to covenants. There is only one structure that is in violation and we are attempting to rectify this situation. Under the Agreement Providing for Restrictions for the Castle Creek Subdivision in the paragraph marked three it states "no residential structure shall exceed one and one-half stories in height above the ground level at the place on construction." This makes both the Adkins and Perry dwellings in compliance with the covenants. It is not the inten~~onof the undersigned to magnify the one nonconformation in the Subdivision but to correct that situation and abide by the aforementionedLcovenants. The only reason that you do not see more signatures of landowner's in the Castle Creek Subdivision is that you cho~ea time to railroad a thr~e day request through when most of the home owners are out of town. If you have any further questions on this matter, please feel free to contact Mr. J. H. Howard, Attorney-at-Law, 1700 Broadway, Denver, Colorado. He is the attorney for James Perry and he has indicated to him that in acting on his behalf he will also be glad to protect the interests of the undersigned. Sincerely, The home owners in town in<_ ~he Cas tIe Creek Subdivision ,..<1;'" ~ , ,i '. ., "i !.! i ~ 1 .-/ f' .-// '/'/-~:// \. ,/ ,-,-' /' ~~-"':!::t c,:~~.,"' ,. /o7s~'W7~<?/ #~ /:::~' . _.4 ? Of. ' ~~c<. e J:'?~p7" e- it,; "/yn,,'/ ~ / /9~ ~. ~S )~. Ie/! /<p?<9A-- .' t/'/t?~ Ie 14: ~na/ P'!:'<-<,,)-h"'7 l!rCL.,)(t 7' Ill.. ~&'"'' e asf.J~. ~ 5/1'" I~ ,1,j- jcta;/ ~ // t/u-lo" c<-ye an1 ~V<U~~5 C en h-c/ ~/;-. o-/;t..)~ ]o6111Z-- ~. L .~;;5M1 )( (. t{'11 I~ UtJ1:.8iJV. 6W- /12,. : L~~iu/~ :L4-~/2- ~' '"- p/( ~~ /- ()~ ,LoT#cr