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HomeMy WebLinkAboutLand Use Case.CU.800 W Smuggler St.92A-89CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9/21/89 DATE COMPLETE: PARCEL ID AND CASE NO. 6t7 - ;!) - all q 92A -89 STAFF MEMBER: PROJECT NAME: Choumas Residence C n � 1� i o r ^' US 2 Project Address: Legal Address: Lots R & S Block 8 City of Aspen APPLICANT: John Choumas Applicant Address: 4301 Seashore Drive Newport Beach. CA 92663 REPRESENTATIVE: Charles Cunniffe & Associates Representative Address /Phone: 520 E Hyman Ave.. Suite 301 Aspen CO 81611 5 -5590 PAID: YES NO AMOUNT: $750.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: d /l/ INITIALS: FINAL ROUTING: / DATE ROUTED: INITIAL: City Atty / city Engineer _ Zoning _ Env. Health Housing Other FILE STATUS AND LOCATION: RESOLUTION OF THE ASPEN PLANNING AND ZONING C RECOMMENDING THE APPROVAL OF CHOUNAS CONDITIONAL USE REVIEW FOR ACCESSORY DWELLING UNIT Resolution No. 89 - A�y Whereas, the Aspen Planning and Zoning Commission held a public meeting November 7, 1989; and Whereas, the Choumas Conditional Use Review was included on the agenda; and Whereas, the Planning staff recommended approval of the conditional use for an accessory dwelling unit with conditions. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission: That it does hereby approve the Choumas Conditional Use review for an accessory dwelling unit at 7th and Smuggler Street, Aspen with the following conditions: 1. Prior to the issuance of a Certificate of Occupancy an approved and recorded copy of the deed restriction for the accessory dwelling unit shall be filed with the Housing Auth. 2. The accessory dwelling unit shall be deed restricted to a 6 month minimum lease requirement. 3. If necessary, the applicant shall provide a 4x4 pedestal easement for phone and cable. 4. The applicant shall join a Special Improvement District if one is formed. APPROVED by the Commission at their regular meeting November 7, 1989. A ATTEST Ja$ Carney, D® uty City Clerk from: Fred Gannett,\�City Attorney ASPEN PLANNING AND ZONING C SSIO C� C. Welton And son, Chairman proved as to content: Amy Marg rum, P ning Director 2 On November 7, 1989 the Aspen Planning and Zoning Commission approved the conditional use review of an accessory dwelling unit for the Choumas residence subject to conditions. The property is located at 7th and Smuggler Street, Lots R & S, Block 8. TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Choumas Conditional Use DATE: November 7, 1989 SUMMARY: The applicant seeks to construct an accessory dwelling unit attached to a single family residence. An accessory dwelling unit is subject to standards as defined in Section 5 -508 of the Land Use Code. Staff recommends approval of the conditional use. APPLICANT: John and Ticia Choumas LOCATION: 7th and Smuggler Street, Lots R & S Block 8, Aspen ZONING: R -6 APPLICANT'S REQUEST: Conditional use approval for an accessory dwelling unit contained within a single family residence. REFERRAL COMMENTS: In an October 23, 1989 memo, Jim Gibbard of the Engineering Department commented that the proposal meets all the Engineering Department requirements. The Engineering Department recommends the donation of a 4x4 pedestal easement. The Department waives the requirement for an additional parking space. The Department recommends the applicant join a Special Improvement District if one is formed. STAFF COMMENTS: Section 7 -304 outlines the criteria for conditional use review for an accessory dwelling unit as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: The provision of an accessory dwelling unit is in line with the goals of the community to provide more affordable housing. This proposal is also consistent with the residential zoning of R -6. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. RESPONSE: The surrounding land uses are residential. A single family residence with an accessory dwelling unit is compatible with the character of the neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. RESPONSE: The one bedroom accessory unit is contained within the single family home. Visual impacts will be minimized as the accessory unit appears, according to the plans, to be efficiently integrated in to the primary home. The development plan indicates 4 parking spaces on site. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. RESPONSE: There are adequate public facilities in place to service this one bedroom apartment. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. RESPONSE: There will be no increased employee generation because of this accessory dwelling unit. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The accessory dwelling unit complies with the standards imposed upon accessory dwelling units pursuant to Section 5 -508. The unit is approximately 500 square feet, located on grade, is contained within the primary residence and will be deed restricted to the housing guidelines for a resident occupied unit. RECOMMENDATION: Staff recommends approval of this conditional use with the condition that prior to the issuance of a Certificate of Occupancy the accessory dwelling unit shall be deed restricted to be reviewed and approved by the Housing Authority, and restricted to a 6 month minimum lease requirement. The applicant shall also provide a 4x4 pedestal easement and shall join a Special Improvement District if one is formed. 11 /choumas 2 TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Choumas Conditional Use Review DATE: October 11, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from John Choumas for Conditional Use approval of an accessory dwelling unit. Please review this application and return your comments no later than October 23, 1989. Thank you. MEMORANDUM TO: Leslie Lamont, Planning office FROM: Jim Gibbard, Engineering Department2 DATE: October 23, 1989 RE: Choumas Conditional Use Review --------------------------------------------------------------- --------------------------------------------------------------- Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The submitted application meets all the Engineering Department requirements. 2. It is recommended that applicant join a special improvement district, if one is ever formed. jg /Choumas cc: Bob Gish Chuck Roth ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 October 11, 1989 Charles Cunniffe & Associates 520 E. Hyman Avenue, Suite 301 Aspen, CO 81611 RE: Choumas Conditional Use Review Dear Charles, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, November 7, 1989 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Notification to adjacent property owners and posting of a sign on the property are the applicants responsibility. Attached is a Notice to Adjacent Property Owners. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant NOTICE TO ADJACENT PROPERTY OWNERS RE: CHOIINAS CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN THAT a public hearing will be held on Tuesday, November 7, 1989 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO to consider an application submitted by Charles Cunniffe on behalf of his client, John Choumas, requesting approval of a Conditional Use Review for an Accessory Dwelling Unit. The applicant proposes to construct a 3 bedroom single - family residence with an attached 500 square foot, 1 bedroom accessory dwelling unit. The property is Lots R & S, Block 8, City of Aspen which is located at the corner of 7th and Smuggler Streets. For further information, please contact the Aspen /Pitkin Planning Office, 130 South Galena Street, Aspen, (303) 920 -5090. s /C. Welton Anderson. Chairman Aspen Planning and Zoning Commission CITY OF ASPEN rr.E- APPLICATION CONFERENCE SUMMARY PROJECT APPLICANT'S REPRESENTATIVE: �� -l` r. ��� (\ C REPRESENTATIVE'S PHONE: OWNER'S NAME: 01 SUMMARY 1 ' 1. Type of Application: C i I , , ,r , ,r A r t -0.S 2. Describe action /type of development being requested: o 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Cali r� - 4. Review is:�-(P &Z Only) (CC Only) (P &Z then to CC) 5. Public Hearing: (NO) 3 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: - l ` ��'f -�<J 8. Anticipated date of submission: (1)(), 9. COMMENTS /UNIQUE CONCERNS: frm.pre_app 2n7Aa*aW 1 IM USE AP ou FcM 1) project Name Choumas Residence 2) Project Location 7th Street & Smuggler Street Lots R & S �TT'Tt�l 3) Present Zoning M 4) lot Size 6, 012 5) Applicant's Name, Address & Phone $ John & T icia Ch oumas 4301 Seashore Drive, Newport Beach, CA 92663 (714)650 -0428 6) Representative's Name, Address & Phone $ Charles Cunniffe & Assoc. 520 E. Hyman Ave., Suite 301, Aspen, CO (303)925 -5590 7) Type of Application (please check all that apply): X conditional use _ Special Review 8040 Greenline Stream margin Conceptual SPA _ Final SPA _ Cxnoept P06 Final POD _ Mountain View Plane _ Subdivision b7fIdCm1IL1UID.iZation Texo4a' A,rorrlmon _ lot Spli%/Iat Line Adjustment conceptual Historic Dev. Final. Historic pev. _ Ninor Historic Dev. 0 _ Historic Demolition Historic Designation c t. a._ . 8) Description of Edsti.ng Uses • (number and type of P,.; 1 M res; app=odmats sq. ft.; camber of bedmms: any prwr== approvals granted to the property) - vacant lot 9) Description of Dsvelcpnent Application Construct a 3 Bedroom residence plus.a ;2 car garage with an attached 1 Bedroom accessory dwelling unit 10) Have you attached the follwin:p3 ReSPOM -3 to Attacment 2, t M 4mm Sutudwam Omtents % Response to Attachment 3, Specific Submiss Ountents = Response to Attachment 4, Review Standards for Your Application August 28, 1989 TO WHOM IT MAY CONCERN: As the Owners of Lots R & S, Block 8, City of Aspen, we authorize Charles Cunniffe & Assoc., 520 E. Hyman, Aspen, Colorado, (303)925- 5590, to represent our interests in the conditional use review for an accessary dwelling unit. Sincerely, Patricia Choumas John Choumas 4301 Seashore Drive Newport Beach, CA 92663 (714)650 -0428 It CHARLES CUNNIFFE &ASSOCIATEVARCHITECTS 520 EAST HYMAN, SUITE 301, ASPEN, CO. 81612 303/925 -5590 CHARLES L CUNNIFFE, A.I.A. PF L< CHOUMAS RESIDENCE CHARLES CUNNIFFE &ASSOCIAT . /ARCHITECTS 520 EAST HYMAN. SUITE 301, ASPEN, CO. 81612 303/925 -5590 CHARLES L. CUNNIFFE, A.I.A. DATE: September 11, 1989 RE: Conditional Use Review Approval Choumas Residence To Whom It May Concern: We submit for your conditional use review a proposed accessory dwelling unit. This project is to be located at the northwest corner of Smuggler and Seventh on Lots R and S, Block 8, City and Township of Aspen. It consists of a three bedroom, three bath principal residence and a one bedroom, one bath resident property manager apartment. In accordance with Ordinance 47, City of Aspen, Section 5 -510 (A), this unit is not subject to minimum lot area requirements and as a one (1) bedroom unit, no parking is required. The accessory dwelling unit must have a livable area of 300 square feet and be located within the principal residence. It is to be a resident - occupied unit, rented for a six -month minimum period. The proposed project has not only met standards set by the Aspen Area Comprehensive Plan, it exceeds these standards in some instances. This site would be allowed a maximum site coverage of forty percent (40 %), our design has only thirty percent (308) coverage. Although four (4) parking spaces are provided, only three (3) parking spaces are required for this design. At 500 square feet, the unit is small, but exceeds the 300 square foot minimum. The covered porch, along with its Victorian massing, and vertical fenestration, enhance its compatibility with the West End's Victorian architecture; while, the clean, simple detailing will identify this as a modern home, not a Victorian imitation. The accessory dwelling has been part of the project's design from the start. This is evident by its location, incorporated in the main form of the residence, not tacked on in the rear as an after thought. With tall cottonwoods lining the streets that abut the site, the property has shaded deep woods feeling. We have located the home with smaller setbacks from Smuggler and Seventh Streets in order to preserve a 32" diameter tree along the west property line and enhance the feeling of a home in the woods. There is close to thirty (30) feet from property line to pavement edge, and with the tall trees and a running ditch along each street, the pedestrians experience will change little on this corner. By approving this employee unit, life would be brought back to this West End neighborhood, instead of another lifeless vacation home occupying the site. CHARLES CUNNIFFE &ASSOCIA? /ARCHITECTS 520 EASTHYMAN, SUITE 301, ASPEN, CO. 81612 303/925 -5590 CHARLES L. CUNNIFFE, A.I.A. The West End location will have water, sewer, and other city services within a close proximity of the project. The city has recently agreed to improve the alley of Block 8. This should provide more than adequate access for emergency service for the project. To our knowledge, this project complies with all standards set by the Aspen Area Comprehensive Plan. We believe this will be a fine residence and the accessory dwelling unit will be a welcome addition to a city starving for employee housing. c: \wp5 \work \8914cou.uea x&SPEN TITLE CORPORATION NORMAN E LARKINS PRESIDENT THE ASPEN PROFESSIONAL BUILDING. SUITE 102 600 EAST HOPKINS AVENUE Lynn M. Dycio ASPEN. COLORADO 81611 MANAGER TELEPHONE: ASPEN 13031920 -4050 BASALT 13031927.4741 DENVER DIRECT 13031595 -8463 TELECOPIER: Order NO-A89-036 13031920 -4052 ADJACENT OWNERSHIP CERTIFICATE ASPEN TITLE CORPORATION, a corporattion organized and existing under and by virtue of the laws of the State of Colorado, HEREBY CERTIFIES CHARLE CUNNIFFE & ASSOCIATES, ARCHITECTS That it has made a careful and diligent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons, firms or entities set forth on the Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparent owners of lots, tracts, parcels and condominium units lying within 300 feet of the following described real property situate, lying and being in the County of Pitkin, State of Colorado, to -wit: Lots R and S Block 8 City & Townsite of Aspen This Certificate has been prepared for the use and benefit of the above named applicant and the City or Town of Aspen in the County of Pitkin, State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00 DATE: Sept. 1, 1989 ASPEN TITLE CORPORATION a Colorado corporation (SEAL) B MTAMYED a,1cER SAME COUNTY: OMNDCOUNTY: SUMMIT COUNTY: EAGLE COUNTY TITLE CORPORA TION TIIE TITLE COMPANY. INC. SUMMIT COUNTY ARST SALT COMPANY THE VAN PROEES90NM SOLO NA). SINCE IM PRASER VALLEY CENTER: FALSER IN NONIN ISOGE SYNEET MSS UO1 F"TADE "D WEST "TOFFICESDA.IS POST O'FeCE SO. $10 VAS. COLCMCO ETM, WALTER PARK. COLOMCO EdI, MIECNENFRIGE. CMCO 00 90 13031"C"23 1.11..11 TROT S, ET]0 EXHIBIT "A" U.S. Forest Service 806 West Hallam Aspen, CO 81612 Marquessee, Charles B & Helga P.O. Box 10610 Aspen, CO 81612 Schumacher, John Jr & Marianne H P.O. Box 3528 Aspen, CO 81612 Pullen, Robert W & Anne W 701 North Post Oak Road #120 Houston, TX 77024 Titus, Jack A 2817 Maple Ave Dallas, TX 75201 Zachariasen, Fredrik & Nancy W 2235 Village Heights Road Pasadena, CA 91107 Iselin, Elli Daggs, James 707 North Street Aspen, CO 81611 Klein, Herbert S & Marsha 201 North Mill #203 Aspen, CO 81611 Fleisher, David 730 West Smuggler Aspen, CO 81611 Porter House Stake 155 Gilpin Street Denver, CO 80218 Brooks, Lauren B Sheridan, Susan B 155 Gilpin Street Denver, CO 80218 Ochsman, Sharon L 735 West Smuggler Aspen, CO 81611 continued Albert, Gary & Kathleen 725 West Smuggler Aspen, CO 81611 Miller, Ann F 715 West Smuggler Aspen, CO 81611 Grover, Marcia Sherman Williams 4519 Lone Pine Lane La Calada, CA 91011 First Baptist Church 726 West Francis Aspen, CO 81611 Beatty, John R & Robyn M P.O. Box 207 Aspen, CO 81612 Semple, Lorenzo Jr & Joyce M c/o Robert loss 2200 N Central Road Fort Lee, NJ 07024 Hibberd, Lucy Reed 2222 Fast Tennessee Street Denver, CO 80209 Stirling A Colgate Trust c/o Stirling A Colgate 422 Estanto Los Alamos, NM 84544 Doremus, John 608 East Hyman Aspen, CO 81611 Fleisher, Belton & Elizabeth 75 East Dodridge Columbus, OH 43202 Galluccio, Vincent P.O. Box 8065 Aspen, CO 81612 Brody, Charles W 4555 Stella Drive Atlanta, GA 30327 continued Digiglia, Le Ray & John William P.O. Box 4305 Aspen, 00 81612 Savannah Limited Partnership 1300 North 17th Street #1100 Rosslyn, VA 22209 I FOrm 1756 Commitment Face Page COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commits to isue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured nap ad in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli- gations hereunder shall cease and terminate six 16) months after the effective date hereof or when he policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." o < tE !N,U�Ntol SEPTEMDER 29, First American Title Insurance Company i ���• / PRESIDENT ATTEST #/1/ ' C, SECRETARY By Norman E. Larkins COUNTERSIGNED Form 1766 -A Commitment, Schedule A Charles Cunniffe 8 Assoc. Attn: Kevin McLoud 520 East Hyman Street SCHEDULE A Aspen, CO 81611 Customer Reference No. Choumas 1. Effective Date: ommitment No: September 14, 1989 at 7:00 A.hF. 400527 —C SS /cl 2. Policy or Policies to be issued: Amount (a) ❑ ALTA Owners Policy Proposed Insured: (b) ❑ ALTA Loan Policy Proposed Insured: Ic) ❑ TO BE DETEF44I NED E a E? 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: PATRICIA G. CHOLIMAS and JOHN JAMES CHOUMAS In Joint tenancy 4. The land referred to in this commitment is LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. Owner's Premium: $ Lender's Premium: $ Add'I Charges: $ Tax Certificate: $ CC's to: Charles Cunniffe 8 Assoc. ATC TOTAL CHARGES: $ t r Order No. 400527 -C Plat I.D. A SCHEDULE A (continued) Covering the Land In the State of Colorado, County of Pitkin, Described as follows: Lots R $ S Block S CITY AND TOWNSITE OF ASPEN Form 1756 -81 commitment, Schedule a -1 SCHEDULE B - Section 1 No. Requirements 400527 -C The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed anddulyfiled for record, to -wit: 1. Deed from Patricia G. Choumas and John James Choumas to a buyer to be determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39 -14 -102. 2. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer tax" imposed by Ordinance No. 20, (Series of 1979), and by Ordinance No. 14, (Series of 1989) of the City of Aspen, Colorado has been paid, and that the lien imposed by Paragraph 9 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been issued pursuant to Section 7 thereof. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND /OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Form 1756- B2 (Modified 1/84) Commitment, schedule B -2 Order No. 400527 —C Colorado SCHEDULE B - Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Anyfacts, rights, interests, orclaimswhich are not shown by the public records but which could ascer- tained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easement which are not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any other facts which a correct survey would disclose, and which are not shown by public records. 4. Any water rights or claims or title to water in, on or under the land. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 7. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 8. Utility easement as reserved in instrument recorded December 11, 1986, in Book 525 at Page 34, said easement being more fully described in said Instrument. 9. Any and all unredeemed tax sales. NOTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies to be issued hereunder. Exceptions number are hereby omitted. Fonu No. 1755 Commitment, Conditions and Stipulations COMMITMENT Conditions and Stipulations The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Companv under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment.