HomeMy WebLinkAboutcoa.lu.su.Shoaff Waterfall.9-82
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CITY OF A~.:EN ..
MEMO FROM AUDREY N. STORBECK
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This is a 'dead' file due to applicant's request
to pull it from the process.
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CASELOAD SUMMARY SHEET
City of Aspen
No. 9~! ~
1. DATE CERTIFIED COMPLETE:
2.APPLICANT:~noelJv fh('JeM..1
STAFF: . (J,H! &/J~
~_(fO <Z. l1.ydl;;; ~ t,1('IJ
-P~,(,f'y H~rlJet.t S~&710<...
~'o~ WahJ1~1f ~bd i1J':Ji~ - P\YY~ tI m~
" , ~ q,~QI Pk-l
3. REPRESENTATIVE:
4. PROJECT NAME:
5. LOCATION:
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6. TYPE OF APPLICATION:
, 4 Step:
GMP (
PUD (
)
}
Subdivision
2 Step:
Subdivision Exception (
GMP Exception (
Rezon i ng (
SPA
)
)
)
1 Step:
Use Determination
Conditional Use
Xspecial Review ( RI'I!IA1dm&(I0Jo f1at )
HpC
Other:
No., of Steps:
.]. REFERRALS
X Attorney _Sanitation District
~Engineering Dept. _Mountain Bell
Housing _Parks
_Water Holy Cross Electric
City Electric Fire Marshal/Building Dept.
8. DISPOSITION ~ f~ ~ ~ JI1tk1f!XlfI. _
P & Z ApproYi:d 'Denied Date
_School District
_Rocky Mtn. Nat. Gas
State Highway Dept.
---.Fire Chief
_Other
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Council
Approved
Denied
Date
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9. PRELIMINARY PLAT REFERRALS:
_Attorney
_Engineering Dept.
_Housing
_Water
_City Electric
_Sanitation District
_Mountain Bell
_Parks
_Holy Cross Electric
Fire Marshal/Building Dept.
_School District
_Rocky Mtn. Nat. Gas
_State Highway Dept.
_Other
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z Approved Denied
Date
11. FINAL PLAT
Council
Approved
Denied
Date
12. ROUTING:
Attorney
Building _____Engineering
Other
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MEMORANDUM
TO: Aspen Planning and Zoning Comnission
FRCM: Colette Penne, Planning Office
RE: Shoaff Waterfall Subdivision - Amendrrent to Final Plat
DATE: March 16, 1982
Location:
Zoning:
Applicant's
Request:
Referral
Comments :
Planning
Office
Review:
Planning
Office
Recommenda-
tion:
West of Neale Street at the intersection of King Street. (Above
Herron Park)
R-15
To rerrove a building envelope sh= on the Shoaff Naterfall
Subdivision Fianl Plat which was drawn on the plat without being
a condition of subdivision.
Engineering Depar1::rrent
The building envelope is not required to be sh= on this sub-
division plat. The Engineering Department feels that its study
of the irrproverrent of Neale Street is complete enough to request
a 10 foot road right-of-way easement across the Neale Street
property line of this property. This request should not be oonstrued
as a condition for approval. The Engineering Depar1::rrent suggests
that the building envelope for this property be removed instead of
Irodified. The only condition is that the development on the lot
meet all zoning and building set-back restrictions.
City Attorney's Office
"I have ,no problems with the removal of the building envelope from
the plat, pursuant to Section 20-21 (b) , engineering errors. I have
reviewed the City Clerk's file on this subdivision and confirm that
the placerrent al1.d existence of the envelope was not a condition of
the approvals. Additionally, I can find no evidence of conditions
irrposed arising from a stream margin review. Therefore, from a
Planning and Zoning point of view, the envelope is surplusage and,
again, there is no problem in the Planning and Z6ning authorizing
its rerroval from the plat upon representations by the applicant
that it is there in error."
Section 20-2l(b) of the Municipal Code states that the correction
of an engineering error on a recorded final plat must be approved
by the Planning Ccmnission. As stated in the City Attorney's office
metro, the placenent of this building envelope on the plat was
erroneous, since it was not a condition of the approval at the time
of subdivision and formation of this lot. The applicant is aware
of the Engineering Depar1::rrent' s desire for an additional 10 foot
right-of-way easement along Neale Street. The Planning Office
con=s with the Engineering Depar1::rrent; hCMever, that the granting
of the easement should not be a condition of approval.
The Planning Office recommends that the Planning and Zoning
Ccmnission approve the rerroval of the building envelope from the
Shoaff Waterfall Subdivision final plat as per Section 20-2l(b)
of the Municipal Code unconditionally.
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MEMORANDUM
TO:
Collette Penne, Planning Office
Departmen~
FROM:
Daniel A. McArthur, Engineering
DATE:
March 9, 1982
RE:
Shoaf's Waterfall Subdivision
Lot 1, Building Envelope Change
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In reply to your request of March 2, 1982, reference the above
the Engineering Department has the following comments:
1. The building enVE!lope is not required to be shown on
this subdivision plat.
2. The Engineering Department is currently studying the
improvement of Neale Street, said improvements would require
an additional 10 foot of road right-of-way across this property.
3. The Engineering Department feels that its study is
complete enough to request a fee title donation of the 10 foot
road right-of-way and/or a 10 foot road right-of-way easement
across the Neale Street property line of this property. This
request should not be construed as a condition of approval.
The Engineering Department suggests that the building
this property be removed instead of the modification.
condition for this is that the development on the lot
zoning and building set-back restrictions.
envelope for
The only
meet all
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MEMORANDUM
DATE: March 9, 1982
TO: Colette Penne
FROM: Gary Esar~
RE: Shoaff Waterfall Subdivision - Amendment to Final Plat
In response to your memo of March 4, 1982, I have no problems with
~the removal of the building envelope from the plat, pursuant to
Section 20-21(b), engineering errors.
However, I understand from my brief conversation with Perry Har-
vey, that Mr. Owen wanted to enlarge the building envelope by
moving the easterly envelope line nearer to the property line. In
fact, the sales contract makes such an enlargement a condition of
the contract.
An enlargement request leads to a legal dilemma, to wit: I can
find nothing legally to prevent such an enlargement, but I can
also find no established legal procedure by which the P&Z could
properly accomplish such an enlargement.
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/I have reviewed the City Clerk's file on this subdivision and con-
firm that the placement and existence of the envelope was not a
condition of the approvals. Additionally, I can find no evidence
of conditions imposed arising from a stream margin review.
Therefore, from a P&Z point of view, the envelope is surplusage,
I' and, again, there is no problem in the P&Z authorizing its removal
from the plat upon representations by the applicant that it is
there in error.
However, the P&Z approval of a change in the envelope is another
question. I don't believe the P&Z has been, in this type and
stage of development, concerned with the placement of buildings on
the plat. The placement, with its attendant measurement of set-
backs and such, is properly the responsibility of the building
department upon review of building plans. The P&Z may not wish to
get in the business of drawing building envelopes for single-
family dwellings on GMP-excepted lots.
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Memo to Colette Penne
March 9, 1982
Page Two
I'm not sure what the applicant was attempting to accomplish with
the prior envelope or is attempting to accomplish with an enlarged
envelope, other than meeting a condition of a sales contract. If
the purpose is to protect someone's view, then perhaps a separate
contract with the concerned party might work. I sympathize with
the parties involved in this application, who are bound to the
terms of a signed contract. However, their concerns could be
addressed in another way, perhaps, by executing a new sales con-
tract contingent on the issuance of a building permit with the
agreed-upon building envelope.
To sum up, my admittedly conservative recommendation would be to
permit the removal of the envelope and leave the later re-drawing
of the envelope to appropriate agencies. On the other hand, I
don't see anything to prevent the P&Z from approving an enlarge-
ment although such an approval, not being a condition imposed by a
necessary review, might be unenforceable by any of the parties.
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,MEMORANDUM
, TO: Paul Taddune, City Attorney
City Engineering Department
FROM: Audrey Storbeck (for Colette Penne)
v .
RE: Shoaff Waterfall Subdivision - Amendment to Final Plat
DATE: March 4,1982
Perry Harvey recently delivered copies of the Shoaff Waterfall Subdivision _
Amendment to 'Final Plat application to your office. Please review and send
any comments to me by Monday, March 8. The applicant, Kenneth Owen, would
prefer that the building envelope be removed from the plat altogether since
its location was not a condition of the lot split. This item will be on
the March 16 agenda for City P & Z, if it receives your prompt attention.
Thank you!
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Kenneth Owen
990 E. Hyman
Aspen, CO 81611
February 26, 1982
Ms. Colette Penne
City of Aspen Planning Department
130 S. Galena
As pen, CO 81611
Re: Shoaff Waterfall Subdivision
Dear Colette:
I am making application b,efore the City of Aspen Planning and Zoning
Commission to change the building envelope on the final plat as
recorded in Book 8, page 37 of the Clerk and Recorder's Office of
Pitkin County in August of 1979.
During our pre-application conference in your office we reviewed the
file for approval of the lot split. The building envelope was not a
condition of approval.
I am requesting approval to change the location of the easterly border
of the building envelope. Currently the easterly envelope line is
some forty feet from the Neal Street property line. I wish to move
this line east toward Neal Street to conform to the twenty-five foot
front yard set back of Aspen's R-15 zoning. The major portion of the
existing envelope is on a hillside. The relocation of the east enve-
lope line will allow the use of more of the flat portion of the lot.
In addition, this will improve the solar possibilities as the structure
can be oriented more to the south. There is no significant vegitation
on this portion of the lot. There will be no change in the north,
south or west building envelope lines as shown on the original approved
plat. By maintaining these existing envelope lines there will be no
encroachment on the R-15 zoning set backs and no encroachment on the
100 year flood plain or the stream margin of the Roaring Fork River.
All other aspects of the recorded plat shall remain unchanged.
Thank you for your assistance and attention in this matter.
Sincerely,
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Ke nneth Owen
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Western Union called at 1:45 pm 2/26 with the following telegram to be mailed
out to us today.
JOE Wilson
The Real Estate Brokers
With regard to our acceptance of the contract of today's date to sell Lot 1,
Shoaf's Waterfall Subdivision to Kennneth and Jane Owen, it is the purchasers,
wish to move the east line of the building envelope paralleling Neal St:
currently,shown as approximately 40 feet from the property line to the normal
front line setback of 25 feet. We endorse and support the moving of this
line.
Signed
Parker and Joan Quillen
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Kenneth Owen
:990 E. Hyman
Aspen, CO 81611
February 26, 1982
Ms. Colette Penne
City of Aspen Plannlng Department
130 S. Galena
Aspen, CO 81611
Re: Shoaff Waterfall Subdivision
.
Dear Colette:
I am making application before the City of Aspen Planning and Zoning
Commission to change the building envelope on the final plat as
recorded in Book 8, page 37 of the Clerk and Recorder's Office of
Pitkin County in August of 1979.
During our pre-application conference in your office we reviewed the
file for approval of the lot split. The building envelope was not a
condition of approval.
I am requesting approval to change the location of the easterly border
of the building envelope. Currently the easterly envelope line is
some forty feet from the Neal Street property line. I wish to move
this line east toward Neal Street to conform to the twenty-five foot
front yard set back of Aspen's R-15 zoning. The major portion of the
existing envelope is on a hillside. The relocation,ofthe east enve-
lope line will allow the u.se of more of the flat portion of the lot.
In addition, this will improve the solar possibilities as the structure
can be ori ented more to the south. There is no s i gnifi cant vegi tati on
on this portion of the lot. There will be no change in the north,
south or west building envelope lines as shown on the original approved
plat. By maintaining these existing envelope lines there will be no
encroachment on the R-15 zoning set backs and no encroachment on the
100 year flood plain or the stream margin of the Roaring Fork River.
All other aspects of the recorded plat shall remain unchanged.
Thank you for your assistance and attention in this matter.
Sincerely,
KYt~
Kenneth Owen
KOnt
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2ND TELEG~ CALLED IN FROM WESTERN UNION AT 1 :55 p.m. 2/26/82.
JOSEPH WILSON
The Real Estate Brokers
Referencing the vacant land contract to buy and sell real estate between Kenneth and Jane
Owen, purchasers and Parker and Joan Quillen, dated 2/23/82, we accept this contract
to sell Lot 1, Shoaf's Waterfall Subdivision, for $275,000 with $10,000 hereby
receipted for to be held by the Real Estate Brokers Trust Account. The balance
of $265,000 shall be payable in cash or'certified funds at closing which shall
be March 26, 1982 o~~sooner. We understand Exhibit A to the contract with regard
to moving the building enveloE€ line with the planning and zoning committee is a
contingency. The real estate' commission is to be 7.5% of the gross selling price.
Signed
Parker and Joan Quillen
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i C.I"".. R..I ~"'" C.mm',,'''" (SC 26.2.'1) '\.:./ I
THIS IS A LEGAL INSTRUMENT. If NOT UNDERSTOOD, LEGA~ TAX OR OTHER COUNSEL SHOULD BE CONSU~TEO BEfOR;:;;N1NG, -.' i '
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VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
FphrlJary ?3
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1. The undersigned agent hereby acknowledges having received from I( pnnlOit h R, .J(:lnp. Owpn
thesumof$lO.()OO ,intheformof ppr~nnal
dleck ,tobeheldby ThP RpAl F~htp Rrnkpr~
broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real
estate in the Ci ty Gf ,!\S P€!R County of Pit ki n ,Colorado, to wit:
Lot 1, Shoaff's Waterfall Subdivision
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~ i together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a
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permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary
wear and tear excepted, and hereinafter called the Property.
2. Subject to the provisions of paragraph 17, the undersigned person(s) Kenneth go J al1e QI.\I'en
(asjoint tenants/tenants in common), hereinafter called
Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees
to sell the Property upon the terms and conditions stated herein.
3, The purchase price shall be U.S, $~7~ ,000 ,payable as follows: $ 10> 000 hereby receipted for;
The balance of $265,000 plus customary closing costs, including the City of
Aspen Real Estate Transfer Tax, in cash or certified funds at closing.
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4. Price to include: Real property only
and the following water rights:
None
5. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a)
apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and
(c) pay the customary costs of obtaining such Joan. Then if such loan is not approved on or before None
19_, or ifso approved but is not available at time of closing, this contract shall be null and void and all payments and
things of value received hereunder shall be returned to Purchaser. i!
6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if
required and agrees to pay (1) a loan transfer fee not to exceed $ N I A and (2) an interest rate
not to exceed % per annum. If the loan to be assumed has provisions for a shared equity or variable i!
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such
consent without change in the terms and conditions of such loan except as herein provided.
7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not
be assignable by Purchaser without written consent of Seller.
8. Cost of an:y appraisal for loan purposes to be obtained after this date shall be paid by Purchaser.
l'\o. S(' 26-2-81. ('untnl('t to Bu>' Ilnd SI.t!ltl';11 f-:~talt' (Vat'lmt Lund)
Bradfl.lrd Publishing, ));25 W. 6th AVl' . Lakewllod, CO 80214 _ ClOJ) 2~~-6900_ 5.tll
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9. 1'/ 'fYWrcf/'1~'fIf f1Y'rfe/FJr/'t'/'ft'Nltfr;'/1W"M-'1'NI'a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's option and expense. shall be furnished to Purchaser on or before
Mar<:h 10 ,19...82 Ifil</1VeffiVeIt/s#fc/1N#sk/d/tltNi/:1Nr/altUlc/nIr/.iW,M, Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delive'ry of deed as provided in paragraph 11. The hour and place of
closing shall be as designated by Peal >statE' RrokE'rs I!. Tnt~rw..~t
11. Title shall be merchantable in SeHer, except as stated in this paragraph and in paragraphs 12 and 13. Subject
to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient ~enera 1 warranty deed to Purchaser on
*Marcl1 215 , 19~.or, by mutual agreement, atan earlier date, conveying the Property free and
clear of all taxes, except the general taxesfor the year of closing, and except Mone
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed or not; free and c1earof all liens and encumbrances except None
*subject to terms of Exhibit~A~attached hereto.
except the following restrictive covenants which do not contain a right of reverter:
None
and except the following specific recorded and/or apparent easements: All recorded easements not
affecting marketability of title, and final plat restrictions subject to
terms of Exhiliit"A"attached hereto
and subject to building and zoning regulations.
12. Except as stated in paragraphs '11 and 13, if title is not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph
13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and_
Nnnp shall be apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser on de 1 i. very of Deed
r: subject to the following leases or tenancies:
i:
None
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16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this
contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which case all payments
and things of value received hereunder shall be return'edto Purchaser.
17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided, there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and things of value are LIQUII?ATED DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
and additional damages.
(b) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect
and Purchaser shail have the right to an action for specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
contract, the court may award to the pl'evailing party all reasonable costs and expense, including attorneys' fees.
18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker,
unless mutual written instruction is received by broker, broker shall not be required to take any action but may await
any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys' fees.
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19. Additionalprovisions: See Exhibit "A" attached hereto and made part of this
contract by this reference.
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20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before
Februa r 26 . 19~, this instr~ment shall become a contract 'between Seller and Purchaser and shall
benefit of the heirs, successors and assigns of such parties, except as stated in paragraph 7.
~-~'-S'2
Date
Broker
lritprwp~t, Tnc.
Purcha r
Kenneth Owen
Purchase"
..)~e..
Jane Owen
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~-.;zlo-~ By:
Date
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Perry Har y .
Rlnll
Purchaser's Address
#?, qqO F
Hymnn, A~ppn, r.n
(The following section to be completed by Seller and Listing Agent)
21. Seller accepts the above proposal this day of ,19_. and agrees I
to pay a commission of 7 " % of the purchase price for services in this transaction, and agrees that, in the II
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event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be i,
divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
balance to Seller.
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Seller
Parker Qui 11 en
Sellel"
Joan Qui 11 en
;' Seller's Address
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Listing Broker's Name and Address
JOSCpR HilsOfl
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Exhibit "A"
To Receipt & Option Contract
dated February 18, 1982
between Kenneth & Jane Owen
as Purchasers and
Parker Qui 11 ell' as Seller
This contract is specifically contingent on the contingencies
as outlined herein. In the event these contingencies cannot be satisfied
then this contract shall be considered null and void by both parties and
all earnest money tendered herewith shall be returned to purchasers.
Lot 1 contains, on the recorded plat, a specific building envelope.
The Purchasers, as a specific condition of this contract, will undertake
through the City of Aspen, to enlarge the building envelope to allow construc-
tion closer to the ,Neale Street property line. Currently the building
envelope boundry closest to Neale Street is some forty feet from the property
1 i ne. The Purchasers des i re to move thi s envelope boundry towa rd,. Nea 1 e
Street to a point conforming with the City of Aspen requirements for a
twenty five foot front yard set back. The Seller agrees as a condition of
this contract to cooperate with purchasers to change the building envelope.
All costs of approval will be borne by the purchasers.
Purchasers agree to conscientiously pursue the change and agree to close
on the purchase within ten days of approval. The City of Aspen Planning
Department has indicated that the process for changing the envelope involves
one meeting before the Planning & Zoning Commission. As evidence for the
change of the building envelope the Seller will write a letter to the City
of Aspen endorsing the change. Further the Purchaser will meet with the
original subdivider of the lot, Jeffrey Shoaf, to secure a letter of endorse-
ment for the change. Seller agrees to cooperate in all regards to secure
this endorsement.
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Purchaser
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Purchaser
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Date
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Seller
Date
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Comrnitrnent
for Title Insurance
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USUFE Title Insurance Company 01 Dallas. herem callud the COrnp;lIlY, for v.lllla!)le con~ldmatlon. hereby commits to issue ilspolicy or policie~
of title' insurance, as identified In Schedule A. In I:ivOl of the pr(1po~;t)d Insured Ildnwd 11) SchedllJc A. as owner or mort~ltlgce of the esiule dr
interest covered hereby in the land dl~$Cfit)(~d or referred to If) Sch\~dul(: ^. upon P'lYfTH'rlt O'f the premiums and charges therefor; all subject 19
the provisions of Schedules A ilnd El,Jl1d to the Conditions and SIlru1alwns tH:f1..'of
This Commitment shall be cflectiw only who/! lhl~ Idenhly vI the proposed InSlU(;dillld the ~mOlJnl of the policy or pOlicies committed for have
been inserted in SChedule A hewof by the Cornpimy. either at the tnTlc afthe is:-iU~llh;e ofthlsCornmitmcnt or by subsequent cndorsemcntl
This Commitment is preliminary to the iSs'U<1ncc of s\J(;h policy or policies of tllle Illsur;;Hlce and all liability and obligations hereunder shall cease
and terminnlesix (6) months ahcrthc effective date he/color when the pOlicy l)r nolici{~s committed for shaH issue, whichever firsloccurs!
provided that the failure to issue such policy 0/ polIcies is not the falllt of Ihe ClJIHpany. ThiS Commitment shall not be valid or binding until
countersigned byan <lulhorizedofflcer or agent
Schedult\ ^
1 E.ffccIIVI~ <liltl' March 8,
2, PoliCY or pollclI.'$ to be IS~Hwd
1982
at 3:00 P.M.
C<ll>l.! No
A82~82
ASPEN TITLE COMPANY, LTD.
In4L1iries directed to. .~~.?_:-44.~~__
A ^l.IA OWlkl':; PoliCY Plllpo~;,'d Illo.,lIfl'd
,
AllHH/llt $
275,000.00
Premium $
48~~75 _ReiS;~.l,lffi'
KENNETH OWEN and JANE OWEN
B AlTA lOdtl Poll( y Pwpol>ed I.nSlll~\d
Amount ~~
Premium s
c
Amount $
Premium $.__~,.________
3, The estale or interest in ItH) land c!escri/)()d (1I refcfrcdto in this commitment and covered herein is fee simple and title thereto is
at the effective date hcu.:of vested In
PARKER QUILLEN and JOAN F. QUILLEN
4 The land rdorred to in this COnln11trnent is desCrlued <IS follows:
Lot 1
SHOAF'S WATERFALL SUBDIVISION
as recorded in Book 8 at Page 37
Pitkin County, Colorado
li'
Schedul{) 8-Section 1 R(!q~lIrcl1lents
Th\.l following .He the requirenlt)1l1s tl) bl~ complied with:
IWIll (.1) Paymellt 10 or fOI tlk dC{;Olll)t of the grantors Of mortgilgors of thtdull consideration for the est<1te or interest to be insured.
rh~lll (b) Propel instfwnent(s) UU;lllllflthe estnlc or inlerest to be insu'red must be executed afld duly filed for record, to-wit:
1. Release by the Public Trustee of Pitkin County, Colorado of Deed of Trust
from Parker S. Quillen and John F. Quillen for the use of Pitkin County
Bank & Trust Company to secure $100,000.00, dated March 5, 1982, recorded
March 8, 1982 in Book 423 at Page 220.
2. Deed from Parker Quillen and Joan F. Quillen vesting fee simple title
in Kenneth Owen and Jane Owen.
OTHER REQUIREMENT NOT TO BE RECORDED:
1. Evidence of compliance with the provisions of the Real Estate Transfer
Tax, Ordinance No. 20 (Series of 1979).
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AGREEMENT
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THIS AGREEMENT made this ~< ~ay of September, 1979
by and between Jeffrey S. Shoaf (hereinafter referred to as
"Shoaf") and Parker Quillen and Joan F. Quillen (hereinafter
referred to as "Quillen").
WHEREAS, Shoaf and Quillen entered.into a Partnership
Agreement known as the Waterfall Partners on the date hereof;
WHEREAS, Shoaf and Quillen desire to provide for
Quillen's development of Lot 1, Waterfall Subdivision;
NOW, THEREFORE" in consideration of the mutual covenants
contained herein and other good and valuable considerations,
receipt of which is hereby acknowledged, the parties agree as
follows:
1. Approval of building plans. Shoaf hereby approves
the architectural plans for the residence that Quillen proposes
to construct on Lot 1, Waterfall Subdivision, and agrees that
Quillen may alter said plans at his sole discretion.
2. Cooperation in moving the building envelope.
Shoaf agrees that Quillen may locate or expand the building
envelope for his proposed house anywhere on Lot 1 that Quillen
in his sole discretion desires. In the event approval of
relocat~on ot expansion of the building envelope is required
'....,
from the City of Aspen, Shoaf agrees to cooperate with Quillen
in all respects in obtaining the approval of the City of Aspen
for relocation or expansion of the building envelope as
designated for Lot 1, Waterfall Subdivision as it appears on
the plat for the same.
3. Cooperation with construction and permanent financing.
Shoaf agrees to cooperate with Quillen in every reasonable
fashion in oonnection with any applications submitted by
Quillen for construction and permanent financing for the
residence to be constructed on 'Lot 1, Waterfall Subdivision.
In connection with such applications, Shoaf agrees to supply
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any and all documents requested by any lending institution;
to execute any document including promissory note and deed of
trust required by any institution and to assist Quillen
in any other reasonable manner; provided, however, that Shoaf
shall not be required to execute any deed to Lot 1, Waterfall
Subdivision prior to September 28, 1980.
4. Indemnification. Quillen hereby indemnifies
Shoaf and holds him harmless from any claim, cause of action,
loss, liability, or damage that Shoaf. may suffer or incur in
connection with any document that he executes pursuant to
paragraph 3 above.
5. Binding Effect. This agreement shall be binding
upon the parties, their heirs, assigns" successors, and personal
\~(L
Parker'Quillen ~
~
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